Rapunzel, Part 2
by SirDauntless17
Summary: A sequel to my earlier fic, Rapunzel, Part 1. However, this time, the script is my own work.
1. Act I, Scenes 1-2

Dramatis Personae

LUDWIG II, _King of Hesse_

DEREK, _Crown Prince of Hesse, his son_

BALLARD, _manservant to the prince_

ROLAND, _page to the prince_

THEO, _father of Rapunzel_

ANTON VON LINDENBERG_, Amtmann of Marburg_

_The _Castle Sergeant

_A _Court Usher

_A_ Torturer

_A_ Magistrate

RUDOLF HAGELSTAIN, _King's Attorney for the 1__st__ Judicial District_

ADAM STROBEL, _his assistant_

WERNER BEHRENDS, _chief judge of the 1__st__ Judicial District Landgericht_

RUPRECHT SCHECK, _clerk of the 1__st__ Judicial District Landgericht_

JÜRGEN WIRTNER _and _MICHAEL WINKLER, DAME GOTHEL'S _lawyers_

HERMANN BENTZ, _a silk merchant in Marburg_

OLD ALF, _a tavern-keeper in Neustadt_

_A _Jailer

_A_ Doctor

_The_ Prison Chaplain

_An_ Executioner _and his_ assistants

DAME GOTHEL'S Chief Servant

DAME GOTHEL'S _Two _Lesser Servants

MARGARET, _Queen to _KING LUDWIG _and mother to _DEREK and AGNES

AGNES, _the Princess Royal,_ _daughter to _LUDWIG _and_ MARGARET _and younger sister to_ DEREK

HANNAH, _wife to _THEO

RAPUNZEL _and_ RUBY,_ their daughters_

GLENNA, _a fortune-teller and cunning-woman_

DAME GOTHEL, _the Witch_

AMALIE, _a resident of Neustadt_

Knights, soldiers, townspeople, guards, messengers, grand jurors, petit jurors, attendants &c.

SCENE – _Marburg, Neustadt, and the woods between._

ACT I.

SCENE 1. _Marburger Schloss. The throne room._

LUDWIG II _is sitting on his throne. _DEREK, THEO, HANNAH, RAPUNZEL, _and _RUBY _stand about him. Enter _BALLARD, ROLAND _and _GLENNA, _walking to the front of the stage._

_Ballard _[_addressing the audience_]: Hello there. I imagine all of you remember us, and the tale of Rapunzel.

_Roland_: How the witch Dame Gothel named her after the rampion which she had caught her father Theo stealing from her garden.

_Glenna_: How Dame Gothel took her away on her 12th birthday, and shut her up in a tower.

_Ballard_: How Prince Derek discovered her there, and began secretly visiting her.

_Roland_: How the witch discovered their secret, cut Rapunzel's hair and abandoned her in a wilderness.

_Glenna_: How she blinded the prince, and how he and Rapunzel were reunited in the forest.

_Ballard_: And how we all made our way to the king's castle.

_Roland_: But, you may have wondered, what happened next?

_Glenna_: Well, you're about to find out.

_Ballard_: You see, when we reached the castle, we were immediately taken to see King Ludwig, and we all told him the whole story from the beginning.

_Roland_: The king was a just and wise ruler, but he also loved his family, and especially his only son and heir.

_Glenna_: And when he heard what Dame Gothel had done to his son, he lost his royal temper.

BALLARD, ROLAND _and _GLENNA_ walk to the throne to join the others._

_King Ludwig II_: [_rising from his throne and shaking his fist_] NO ONE blinds my son and gets away with it! This witch has made a fatal mistake! She shall pay the ultimate price! [_snaps his fingers_] Call the Amtmann!

_Enter_ ANTON VON LINDENBERG.

_Anton von Lindenberg_: [_bowing_] Your Majesty sent for me?

_K. Lud._: Tell the Amtmann what you just told me.

_Ballard_: So we told the Amtmann the story.

_Von L_.: This is a very grave matter. I shall investigate. I will need to question each of you individually.

SCENE 2. _T__he throne room. __King Ludwig is sitting on his throne._

_B__allard_: King Ludwig put Glenna, Dame Gothel's Chief Servant, and Theo and his family up in the castle for that night.

_Roland_: In the morning, Amtmann von Lindenberg questioned everyone individually, before the king gave them a carriage to take them back to Neustadt.

_Glenna_: Meanwhile, the Amtmann rode out to the forest to see the tower for himself.

_Ballard_: He returned to the castle and swore out an arrest warrant for Dame Gothel, then he met with the king.

_Enter _VON LINDENBERG

_Von L_.: Your Majesty, after questioning all the witnesses and seeing the tower for myself, I have sworn out an arrest warrant for Dame Gothel. I have questioned Rapunzel as to the layout of the furnishings inside the tower, and I have questioned Glenna as to the witch's powers. I have accordingly developed a plan to arrest her. But my men are too few in number for the task, so I must ask your majesty for the use of certain resources.

_K. Lud._: Ask, and it is yours.

_Von L._: May I request of Your Majesty one-and-twenty of Your Majesty's knights, as well as the use of the Castle Sergeant and a squad of soldiers of the guard, and last of all, a belfry.

_K. Lud._: You shall have it all. Anything to bring this vile malefactress to justice! I just have one condition.

_Ballard_: And what was that condition? Well, you'll find out soon enough.


	2. Act I, Scenes 3-5

SCENE 3_. The woods surrounding _RAPUNZEL'S _tower._

_Enter _VON LINDENBERG, _the _Castle Sergeant _and a squad of _soldiers of the guard_, all bearing lanterns, twenty-one _knights_ wearing cloaks, and _VON LINDENBERG'S men_ pulling a belfry._

_Ballard_: So, the next day, the Amtmann set out for the forest at the head of the small army he had requested. The belfry was disassembled and transported in ox-drawn carts. They reached the edge of the forest at dusk, and quickly reassembled the belfry.

_Roland_: The plan was to take Dame Gothel as she slept. Accordingly, heavy blankets were lashed around the edge of the belfry's gangplank to muffle the noise as it was placed under the tower window, and the knights muffled themselves in thick, soft cloaks, that their armor might not ring and clash to betray them.

_Glenna_: As the darkest part of the night approached, Amtmann von Lindenberg made final preparations.

_Von L_.: All right, let's go over the plan once more. Herr von Túslingen, Herr von Andelfingen, Herr von Loffen, Herr von Hodorff, Herr von Spaichingen, and Herr von Bubenhofen will follow me into the tower. Herr von Túslingen and Herr von Andelfingen will get on the suspect's right side, while Herr von Loffen and Herr von Hodorff will get on her left. When I give the signal, you will grab her arms and pull them horizontally out to her side, then you you will simultaneously pull up on both her arms to raise her up in bed. Then you will pin her arms behind her back, and Herr von Spaichingen will handcuff her, while Herr von Bubenhofen will shackle her legs. Is that clear to everyone?

_All_: Yes, Mr. Amtmann.

_Von L_.: Very well. Men, move the belfry into position!

SCENE 4. _Inside the_ _tower_.

DAME GOTHEL _lies asleep in bed._

_Ballard_: So, they silently moved the belfry into position and lowered the gangplank, then the Amtmann and six knights tiptoed through the window.

_Enter _VON LINDENBERG, _bearing a lantern, followed by six _knights. VON LINDENBERG _opens the lantern ever so slightly, shining a thin ray of light on _DAME GOTHEL'S _sleeping form. Two of the _knights_ tiptoe up to _DAME GOTHEL'S _left side, while two tiptoe up to her right side, and one stands at the head of the bed. _VON LINDENBERG _nods, and the _knights _on __either side pull _DAME GOTHEL'S _arms out to the side, then pull them up to raise her up._

_Dame Gothel_: [_sleepily_] Who's there?

_The _knights _pin her arms behind her back, then the one at the head of the bed produces a pair of handcuffs and snaps them on _DAME GOTHEL'S _wrists._

_DG_: Who dares to wake me like this?

_Two of the _knights_ grab her arms and pull her out of bed onto her feet, while another produces a pair of shackles and snaps on _DAME GOTHEL'S _ankles._

_Von L._: [_producing the arrest warrant_] Dame Gothel, you are under arrest! Herr von Bubenhofen, you are the strongest man here. Do you think you can carry her down the belfry?

_Knight_: Certainly, Mr. Amtmann. [_He picks up _DAME GOTHEL _by the waist and throws her over his shoulder_]

_DG_: Put me down! No one gets away with treating me like this!

_Von L_.: Let's go.

_Exeunt_.

SCENE 5. T_he woods surrounding the_ _tower._

_The _Castle Sergeant, _the _soldiers of the guard, _the Amtmann's men, and fifteen _knights _are standing about._

_Ballard_: So they carried Dame Gothel down to the bottom of the belfry.

_Enter _VON LINDENBERG, DAME GOTHEL _between two _knights, _and the remaining four _knights. _Two _soldiers of the guard _take _DAME GOTHEL _from the _knights.

_DG_: You'll pay for this!

_Von L_.: You're not in much of a position to make threats now, Dame Gothel. [_to the others_] The belfry will need to remain in place. Mr. Bißler and Mr Schmalbagg, I leave you here to secure the crime scene. I'll try to be back within four-and-twenty hours with a search warrant. The rest of you, back to the wagons.


	3. Act I, Scenes 6-7

SCENE 6. _Marburger Schloss. The interrogation room._

DAME GOTHEL, _flanked by two _guards, _is sitting across the table from _VON LINDENBERG.

_Ballard_: So, Dame Gothel, who had long been feared by all, was brought as a prisoner to the king's castle, booked, searched and interrogated.

_Von L._: Admit it! You used maleficium to trap Theo in your garden and threatened him till he promised you his child, did you not?

_DG_: I'll tell you nothing!

_Von L._: Dame Gothel, I've been trying to this the nice way for an hour now, but I'm losing patience. If you don't confess, you will be tortured.

_DG_: There's no torture in the world that can make me talk!

_Von L._: What about the strappado? For that, we tie your arms to a pulley and lift you up in the air before resuming questioning.

_DG_: You will get no more from me in the air than on the ground!

_Von L._: Perhaps a view of the apparatus will make you change your mind.

_Ballard_: So, Dame Gothel was brought to the torture chamber.

SCENE 7. _Marburger Schloss. The torture chamber._

_Enter _VON LINDENBERG, DAME GOTHEL _between two _guards, _and a _torturer.

_Torturer_: [_indicating a rope running through a hook on the ceiling_] We pull you up in the air and question you while you hang there. If you still don't confess, we'll drop you sharply. And in your case, His Majesty has given special orders to attach weights to your legs.

_DG_: The king shall get no satisfaction from me.

_Von L._: Go ahead, then, torturer.

_The _guards _bring _DAME GOTHEL _over to the rope. The _torturer _ties the rope around her wrists, ties weights to her ankles, then pulls on the other end of the rope and hoists her up in the air._

_Von L._: Perhaps now you will talk. Did you not, the 27th day of October in the third year of the reign of our present king, enter into Theo and Hannah's house, cast maleficium upon them which prevented them from moving, and threaten them with death if they did not let you take their daughter from them when she turned twelve?

_DG_: Go on, ask away!

_Ballard_: Even after half an hour of questioning in this position, Dame Gothel proved pig-headed.

_Von L._: Bring her down, torturer!

_The _torturer _releases the rope, and _DAME GOTHEL _drops to the ground with a crash._

_DG_: [_cries in pain_] All right, I'll talk! On June 16, in the third year of the present king's reign, I caught Theo stealing rampion from my garden. He tried to run, so I cast a freezing charm on him. He told me his wife, who was expecting their first child, craved my rampion. I never could have a child, so I told Theo he could take the rampion if he agreed to give me the child his wife was expecting. He refused, so I told him I would cast a foul spell on him if he didn't. He still proved obstinate, so I made him go on all fours like a dog, and threatened him with death if he didn't agree. When he finally did, I sealed our bargain in blood.

On the 27th day of October of the same year, I heard a baby's cry from Theo and Hannah's cottage. I went over to find them holding a baby girl. I asked what they had named her, and Hannah said they hadn't yet. I asked to hold her, and they refused to let me. I reminded them of our bargain, and Theo threw salt upon me. When he tried to drive me out of his house with a holly branch, I cast a freezing spell upon him and Hannah and took the child into my arms. I named her Rapunzel after the rampion. I told her that she must come visit me every week, and that she would come live with me forever on her twelfth birthday. Hannah and theo agreed to this, and I handed Rapunzel back to them, warning them that they would sleep forever more if they defied me again.

When Rapunzel's twelfth birthday came, her parents were not so foolish as to try to prevent me from taking her. I did not want anyone to come take her away from me, so I shut her up in the tower where you took me from. Whenever I wanted to visit her there, I would call out to her, "Rapunzel, Rapunzel, let down your hair!" She would let her hair fall from the window and I would ascend it and enter into the tower.

On the 8th day of May this year, I came to the tower and smelled the presence of an old man and a boy. Rapunzel did not immediately let down her hair when I called to her. I asked her if she had seen an old man and a boy about the tower, she initially said no, but when I called to her again to let down her hair, she said she could not because there was a man in the woods. I went in search of him and soon found an old man. I confronted him and asked him his business. He claimed to be lost, saying he was going to the king's castle, so I directed him thither and told him I'd turn him into a dog if he ever came back to the forest.

Then, on the 11th day of August last, I came to Rapunzel, along with my servant, and as I was climbing her hair, she blurted out, "Oh, Dame Gothel, how come you are so much lighter than the prince?" Upon entering the tower, I asked her what she had said, and she eventually told me that there was a prince, Prince Derek, who visited her there every evening. I resolved to fix her for defying me, so I cut off her tresses, and left her in a wood with my servant. I then went back to the tower to await the prince. Toward evening he appeared and called out, "Rapunzel, Rapunzel, let down your hair!" I used my magic to imitate Rapunzel's voice, and lowered her tresses from the window to let him in. When he entered, he introduced himself as the Crown Prince, and looked about for Rapunzel. I told him, "The pretty little bird is no longer in her nest!" When His Royal Highness asked where she was again, I used a spell against him whereby my scratching the air causes a person to feel pain in whatever part of their body I desire. I told His Royal Highness Rapunzel would sing for him no more. He asked what I had done with her, and I told him to take care or I'd scratch his eyes out. He drew his dagger and threatened to use it on me if I didn't tell him, so I scratched his eyes out. I magically imitated Rapunzel's voice again to taunt him. He groped for his dagger, found it, sheathed it and leaped from the tower.

_Torturer_: If you intend to deny what you have confessed, tell me now and I will do better. If you deny before the court, you come back yo my hands and you will find that I have only played with you thus far, for I will treat you so that it would draw tears from a stone.

_DG_: I will not deny it.

_Von L._: Come, then, back upstairs, and you must make a free confession which my men will take down.


	4. Act I, Scenes 8-9

SCENE 8. _Marburger Schloss. The courtroom._

_The _Magistrate _is seated at the bench._

_Ballard_: So Dame Gothel made a "free" confession, identical to the first, which was written down. Then she was placed in a cell, where she was chained to the wall.

_Roland_: Two guards were assigned to provide round-the-clock security outside the cell.

_Glenna_: In the morning, the Amtmann filed a complaint against Dame Gothel, and she made her first judicial appearance.

DAME GOTHEL _is brought into the dock between two guards._

_Magistrate_: Dame Gothel, the criminal complaint charges you with witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm. You are, then, Dame Gothel, of Neustadt?

_DG_: Yes.

_Magistrate_: You have the right to assistance of counsel.

_Ballard_: The magistrate reviewed the evidence, and concluded that the arrest and complaint were supported by sufficient information to establish probable cause.

_Magistrate_: Since two of the offenses you are charged with, witchcraft and high treason, could result in capital punishment, bail is denied.

SCENE 9. _The courtroom._

WERNER BEHRENDS _is seated at the bench. The grand jurors stand __behimd__ the bench. _RUDOLF HAGELSTAIN _sits at the prosecution table. _RUPRECHT SCHECK _sits at the clerk's table with the King's Commission in hand._

_Ballard_: So Dame Gothel was sent back to her cell. About two weeks later, the 1st Judicial District Landgericht met, and a grand jury was called.

_Scheck_: [_reading the Commission_] "LUDWIG THE SECOND, by the Grace of God, of Hesse, Nassau, and Franconia, KING, and so forth. TO OUR trusty and Well-beloved Werner Behrends OUR chief judge of OUR Landgericht of our First Judicial District, and to Adolf Reger and Jakob Heltzer, judges for the aforesaid Landgericht.

GREETING: KNOW YE that WE have assigned you and any two of you (of whom WE will that you the said Werner Behrends be one) to inquire by the Oath of Good and Lawful Men of the Judicial District aforesaid by whom the truth of the matter may be the better known, and by other ways, methods and means whereby you can or may the better know, as well within liberties as without, more fully the truth of all Treasons, Misprisions of Treason, Insurrections, Rebellions, Murders, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, Unlawful Meetings and Conventicles, Unlawful Uttering of Words, Unlawful Assemblies, Misprisions, Confederacies, False Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negligences, Concealments, Maintenances, Oppressions, Champerties, Deceits, and all other Misdeeds, Offenses and Injuries whatsoever, and also the accessories of the same within the Judicial District aforesaid, as well within Liberties as without, by whomsoever and howsoever done, perpetrated and committed, and by whom and to whom, when, how and in what manner, and of all other Articles and Circumstances whatsoever, the premises and every or any of them howsoever concerning, and the said Treasons and other the premises according to the Law and Custom of Hesse for this time to hear and determine. And therefore WE command you that at certain days and places which the Law and Custom of Hesse for this purpose appoints, you do concerning the Premises make diligent inquiry, and all and Singular the Premises hear and determine and those things do and fulfill in form aforesaid which are and ought to be done and to Justice doth appertain according to the Law and Custom of Hesse, SAVING TO US OUR Amercements and other things to us thereupon belonging. For WE have Commanded OUR Amtmann of our District of Marburg, within the said Judicial District, that at certain Days and places which the Law and Custom of Hesse for this purpose appoints, he cause to come before you or any two of you (of whom WE will that you the said Werner Behrends be one) such and so many Good and Lawful Men of his District (as well within liberties as without) by whom the truth of the Premises may be the better inquired of and known.

"AND KNOW YE further that WE have also Constituted and assigned you or any two of you (of whom WE will that you the said Werner Behrends be one) OUR judges the Goal of OUR said Judicial District of the Prisoners in the same being for this time to deliver. AND therefore WE command you that at a certain Day which the Law and Custom of Hesse for this purpose appoints, you do meet at Marburg, OUR GOAL of OUR said Judicial District to deliver, and to do thereupon what to Justice may appertain, according to the Law and Custom of Hesse, SAVING TO US OUR Amercements and other things to us thereupon belonging. For WE have Commanded and hereby command OUR Amtmann of our District of Marburg, within the said Judicial District, that at certain Days and places which the Law and Custom of Hesse for this purpose appoints, all the Prisoners of the said Goal and their attachments before you or any two of you (of whom WE will that you the said Werner Behrends be one) there he cause to come. In TESTIMONY whereof WE have caused these OUR Letters to be made patent and our Great Seal to be hereunto affixed. WITNESS Ourself at Marburg the 29th day of August in the 20th year of Our Reign." [_indicating the jurors_] Mr. Müller, I appoint you foreman. I request all of you to hold up thy hands [_the grand jurors raise their right hands_] Do you solemnly swear that you will diligently inquire into and carefully deliberate all matters that shall come to your attention concerning this service?

_Jurors_: [_together_] I do solemnly swear.

_Scheck_: And do you solemnly swear that you will keep secret all proceedings of the grand jury unless you are required in a court of justice to make disclosure?

_Jurors_: [_together_] I do solemnly swear.

_Scheck_: And do you solemnly swear that you will indict no person through malice, hatred, or ill will?

_Jurors_: [_together_] I do solemnly swear.

_Scheck_: And do you solemnly swear that you will not leave unindicted any person through fear, favor, or affection, or for any reward or hope thereof?

_Jurors_: [_together_] I do solemnly swear.

_Scheck_: And do you solemnly swear that in all your deliberations you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, as you shall answer unto God?

_Jurors_: [_together_] I do solemnly swear.

_Behrends_: Gentlemen: You are the grand inquest for the body of this 1st Judicial District. You may perceive by this Commission that hath been read that we are authorized by the king's majesty to hear and determine all treasons, felonies, and other offenses within this Judicial District; and the duty of my office requires me to give in charge to you the things that you are to enquire of and to present.

You are chosen, gentlemen, out of the body of this Judicial District, to represent every particular member thereof and for their service you are summoned to appear here this day. The solemn oath you have now taken, and the excellent Commission you have heard read, will, in great measure, instruct you in the nature of your duty, and ought also to be your chiefest motive to the due performance of it. But because you are sworn to present not only such offenses as come to your knowledge, but such also as shall given you in charge, it becomes my duty, at this time, to give you an account, what crimes and offenses ought to be the subject of your inquisition, and are within the jurisdiction of this court to punish. But before I proceed to the particular articles of my charge, give me leave to excite your diligence and attention by laying before you the great importance of the duty now incumbent on you. And this, gentlemen, will soon appear to you, if you please to consider, that the subject whereon it is grounded, is no less than the continuation of our happy government both in church and state; the due execution of our excellent laws, and the preservation of our gracious sovereign, on whom no small part of our happiness depends. These, gentlemen, are topics, on which it is harder not to say too much, than find matter to enlarge upon. But let it suffice, at present, to remind you that we have the happiness to live under a government so equal, and so well poised, that it has all the advantages of liberty, and all the marks of royal sovereignty, without the danger of a tyranny.

And as we are thus happy in the basis of our state, so are we yet more blessed in that of our Church. A Church, gentlemen, which in its spiritual state, as we are Christians, is most conformable to the Rules of Christ, to the Apostolical Practice, and to the Primitive Institution; in its rational state, as we are men, its Doctrines are very agreeable to the reason of mankind; its precepts most becoming the purest and strictest laws of nature, virtue and morality.

As for the excellency of our laws, gentlemen, the daily advantages we receive from them gives them a character beyond all the rhetoric imaginable.

And to crown all our joys we are governed by a King, gentlemen, in whom religion and policy, justice and clemency, majesty and humility, are so harmoniously tempered with all other virtues and graces, that 'tis morally impossible to distinguish which is predominant.

Having now, gentlemen, the particular articles and division of your charge and the Commission laid before you, I hope you will consider of the solemn Oath you have taken; and if you know of any offenses against either, present them unto us; I desire also you will look back upon the presentments of your predecessors, and take care to see, that through negligence, or worse, they have not been stifled in the prosecution; for Quid non Mortalia pectora cogis Auri sacra fames.

_Hagelstain_: Gentlemen of the jury, the first bill I wish to present you is against one Dame Gothel of Neustadt, for witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm. [_He rises and hands the bill to the grand jury_]

_Ballard_: The grand jury considered the bill, and the court adjourned.


	5. Act I, Scenes 10-12

SCENE 9. _The courtroom._

BEHRENDS _is seated at the bench. The grand jurors sit behind the bench. _HAGELSTAIN _sits at the prosecution table. _SCHECK _sits at the clerk's table._

_Ballard_: The next day…

_Hagelstain_: [_rising_] I shall now call my witnesses.

_Scheck_: Call Theo.

_Enter_ THEO. _He sits in the witness box_.

_Scheck_: Hold up thy hand and repeat after me. I swear by Almighty God –

_Theo_: I swear by Almighty God –

_Scheck_: - that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.

_Theo_: - that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.

_Behrends_: Mr. Hagelstain.

_Hagelstain_: Thank you, your honor. [_to _THEO] Good morning.

_Theo_: Good morning.

_Hag._: Can you tell the grand jury and the Court what you do for a living.

_Theo_: I'm a candlemaker.

_Hag_.: How long have you been a candlemaker?

_Theo_: Since I came of age.

_Hag_: Are you married_?_

_Theo_: Yes.

_Hag_.: Do you have any children_?_

_Theo_: Yes.

_Hag.:_What are their names and ages?

_Theo_: I have – oldest, 16 years of age, is Rapunzel. Ruby is a 4-year-old.

_Hag_.: Describe to the court how Rapunzel came to have her name.

_Ballard_: So Theo, and everyone else involved, including Roland, Glenna and I, testified to the grand jury about the story you all know.

_Roland_: After hearing from all the witnesses, the grand jury withdrew, and after the space of about half an hour, returned, finding it Billa-Vera.

_Glenna_: After which the court adjourned to the next day, at eight o'clock in the morning, in the same place.

SCENE 10. _Marburger Schloss. Judge _BEHRENDS' _chambers._

BEHRENDS _and _HAGELSTAIN _sit facing one another, with the _Court Usher _attending._

_Ballard_: The next day, before the indictment was publicly returned, Hagelstain met with Judge Behrends in his chambers to go over the agenda.

_Behrends_: I admit I'm a little tense. I haven't slept since three o'clock this morning.

_Hag_.: I would like to ask for a gag order under Rule 2-38, restraining extra-judicial statements.

_Behrends_: Granted. Anything else?

_Hag_.: I don't think so, Your Honor. [_rising_] See you in court. [_Exit_]

_Behrends_: [_to _Usher] Now, don't be nervous.

SCENE 11. _Marburger Schloss. The courtroom._

BEHRENDS _is seated at the bench. The grand jurors sit behind the bench. _HAGELSTAIN _sits at the prosecution table. _SCHECK _sits at the clerk's table. The _Usher _steps forward._

_Ballard_: Later that morning…

_Usher_: [_nervously_] The Hon-Honorable, the Chief Ju-Judge of the 1st Judicial Di-District Landgericht. Oyez! Oyez! Oyez! All persons ha-having business before the Honorable, the 1st Judicial Di-District Landgericht, are admonished to draw near and give their attention, for the Court is now sitting. God save the King and this Honorable Court.

_Behrends_: [_to_ HAGELSTAIN] Do you have anything to take up with this court?

_Hag_.: [_rising and going to the lectern_] May it please Your Honor, the grand jury has an indictment to return.

_The foreman of the grand jury rises and delivers the indictment._

_Behrends_: Anything else?

_Hag_.: Due to the length of the trial, conceivably three to four weeks, it is the prosecution's view that this case should be specially assigned, Your Honor, and we so recommend.

_Hag._:You of the grand jury. Under Rule 2-38, I am imposing a gag order restraining extra-judicial statements. [_pounding his gavel_] Court is adjourned.


	6. Act I, Scene 13

SCENE 12. _The courtroom._

BEHRENDS _is seated at the bench. _SCHECK _sits at the clerk's table._

_Ballard: _Later that day, Judge Behrends assigned himself to the case. Three days later, the Amtmann served a copy of the indictment, list of the jurors, and a list of the witnesses for the crown against the defendant.

_Roland_: Three days after that, Dame Gothel was brought into court to be arraigned.

_Enter _DAME GOTHEL _between two guards. She is brought into the dock. Enter _HAGELSTAIN and WIRTNER. _They take their seats at their respective tables._

_Behrends_: [_reading the indictment_] "The Jurors for our Sovereign Lord the King do upon their Oath present, That Dame Gothel, late of the parish of Neustadt in the District of Marburg, single woman, being a subject of our said sovereign Lord Ludwig the Second, by the Grace of God of Hesse, Nassau and Franconia King, &c. not having the fear of God before her eyes but being moved and seduced by the instigation of the devil, on the 16th day of June in the 3rd year of the reign of our said sovereign lord the now king, at the parish aforesaid, in the district aforesaid, certain detestable arts called witchcraft and sorceries wickedly maliciously and feloniously did use practice and exercise in the garden of her dwelling-house, there situate, against one Theo, in the peace of God, and our said lord the now king, by which said wicked acts the said Theo the day & year aforesaid was tortured, afflicted and tormented, against the Peace of God, and of our said now sovereign Lord the King, then and there being, wickedly maliciously and feloniously, did put the aforesaid Theo, in the garden aforesaid then being, in Corporal Fear of his life, then and there in the said garden, in the parish aforesaid, and within the jurisdiction aforesaid, against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the 27th day of October in the said 3rd year of the reign aforesaid, certain detestable arts called witchcraft and sorceries did wickedly maliciously and feloniously use practice and exercise in the dwelling-house of the aforesaid Theo, there situate, in the parish of Neustadt aforesaid, against the aforesaid Theo, and also against one Hannah, wife to said Theo, by which said wicked acts the said Theo and the said Hannah, the day & year aforesaid were tortured, afflicted and tormented, against the Peace of God, and of our said now sovereign Lord the King, then and there being, wickedly maliciously and feloniously, did put the aforesaid Theo, and the aforesaid Hannah, in their dwelling-house aforesaid then being, in Corporal Fear of their lives, then and there in their said dwelling-house, in the parish aforesaid, and within the jurisdiction aforesaid, against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the 24th day of October in the 15th year of the reign aforesaid, feloniously and unlawfully did take one Rapunzel out of the possession and against the will of the said Theo, her Father, she the said Rapunzel being then an unmarried Girl under the age of seventeen years, to wit, of the age of twelve years, then feloniously and unlawfully and against the will of the said Rapunzel, and without any legal warrant or authority, or without any reasonable or justifiable cause whatsoever, did imprison and detain so imprisoned for a long space of time, to wit, for the space of four years, nine months, two weeks and four days then next following, and other wrongs to the said Rapunzel then did to the great damage of the said Rapunzel, in a tower situate in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, and against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the 24th day of October in the 16th year of the reign aforesaid, in the tower aforesaid, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, feloniously did willfully ill-treat the said Rapunzel, said Rapunzel then being an unmarried girl under the age of seventeen years, to wit, of the age of thirteen years, in a manner likely to cause such Child unnecessary suffering, against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the 8th day of May in the 20th year of the reign aforesaid, not having the fear of God before her eyes but being moved and seduced by the instigation of the devil, feloniously did threaten to commit a felony, to wit, to use practice and exercise certain detestable arts called witchcraft and sorceries, against the person of one Ballard, in His Majesty's forest, in a place in the latitude of Fifty, or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, against the Peace of God, and of our said now sovereign Lord the King, then and there being, feloniously did put the aforesaid Ballard, in His Majesty's forest aforesaid then being, in the said latitude of Fifty or thereabouts, in Corporal Fear of his life, then and there in the said forest, in the said latitude, in the parish aforesaid, and within the jurisdiction aforesaid, against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the 11th day of August in the said year of the reign aforesaid, in the tower aforesaid, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, feloniously did willfully ill-treat the said Rapunzel, said Rapunzel then being an unmarried girl under the age of seventeen years, to wit, of the age of sixteen years, in a manner likely to cause such Child unnecessary suffering, against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the same day in the same year, did endanger the welfare of said Rapunzel, said Rapunzel then being an unmarried girl under the age of seventeen years, to wit, of the age of sixteen years, by knowingly acting in a manner likely to be injurious to the physical and mental welfare of said Rapunzel, to wit, by abandoning said Rapunzel without means of sustenance, shelter, or other means of survival, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the same day in the same year, well knowing the premises, and not having the fear of God in her heart, but being moved and seduced by the instigation of the devil, as a false traitor against our most serene, illustrious, and excellent prince Ludwig the Second, now king of Hesse, &c. and contriving, and with all her strength intending the peace and tranquillity of this kingdom of Hesse to disquiet, molest, and disturb, she the said defendant, with force, in the tower aforesaid, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, falsely, wickedly, maliciously and traitorously did compass, imagine, intend and practice bodily harm to His Royal Highness, the Crown Prince of Hesse, heir apparent to to the said most serene, illustrious, and excellent prince Ludwig the Second, now king of Hesse, &c., and certain detestable arts called witchcraft and sorceries did wickedly maliciously and feloniously use practice and exercise in the said tower, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, by which said wicked acts the said His Royal Highness, the Crown Prince of Hesse, the day & year aforesaid was tortured, afflicted and tormented, against the Peace of God, and of our said now sovereign Lord the King, then and there being, wickedly maliciously and feloniously, did put the aforesaid His Royal Highness, in the tower aforesaid then being, in Corporal Fear of His Royal Highness' life, and thus in and upon the aforesaid His Royal Highness did make an Assault,, and him the said His Royal Highness did then ill-treat and other wrongs to the said His Royal Highness then did to the great damage of the said His Royal Highness: against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the same day in the same year, well knowing the premises, and not having the fear of God in her heart, but being moved and seduced by the instigation of the devil, as a false traitor against the said most serene, illustrious, and excellent prince Ludwig the Second, now king of Hesse, &c., and contriving, and with all her strength intending the peace and tranquillity of this kingdom of Hesse to disquiet, molest, and disturb, she the said defendant, with force, in the tower aforesaid, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, falsely, wickedly, maliciously and traitorously did compass, imagine, and intend bodily harm to the said His Royal Highness, and feloniously did threaten to commit a felony, to wit, to use practice and exercise certain detestable arts called witchcraft and sorceries, and to maim, disable, disfigure and cause grievous bodily harm against the person of said His Royal Highness, in the tower aforesaid, in His Majesty's forest, in a place in the latitude of Fifty, or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, against the Peace of God, and of our said now sovereign Lord the King, then and there being, feloniously did put the aforesaid His Royal Highness, in the tower aforesaid, in His Majesty's forest aforesaid then being, in the said latitude of Fifty or thereabouts, in Corporal Fear of His Royal Highness's life, then and there in the said tower, in the said forest, in the said latitude, in the parish aforesaid, and within the jurisdiction aforesaid, against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"And the Jurors aforesaid upon their Oaths aforesaid do further present that the said Dame Gothel afterwards, to wit, on the same day in the same year, well knowing the premises, and not having the fear of God in her heart, but being moved and seduced by the instigation of the devil, as a false traitor against the said most serene, illustrious, and excellent prince Ludwig the Second, now king of Hesse, &c., and contriving, and with all her strength intending the peace and tranquillity of this kingdom of Hesse to disquiet, molest, and disturb, she the said defendant, with force, in the tower aforesaid, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, falsely, wickedly, maliciously and traitorously did compass, imagine, intend and practice bodily harm to the said His Royal Highness, and certain detestable arts called witchcraft and sorceries did wickedly maliciously and feloniously use practice and exercise in the said tower, in His Majesty's forest, in the latitude of Fifty or thereabouts, within the parish of Neustadt, and within the jurisdiction aforesaid, by which said wicked acts the said His Royal Highness, the Crown Prince of Hesse, the day & year aforesaid was tortured, afflicted and tormented, against the Peace of God, and of our said now sovereign Lord the King, then and there being, wickedly maliciously and feloniously, did put the aforesaid His Royal Highness, in the tower aforesaid then being, in Corporal Fear of His Royal Highness' life, and thus feloniously, unlawfully and maliciously did wound the aforesaid His Royal Highness, with intent in so doing His Royal Highness the said Crown Prince of Hesse thereby then to MAIM: against the Peace of our now Sovereign Lord the King, his Crown, and Dignity.

"AND the Jurors aforesaid upon their Oaths aforesaid do further present that afterwards, to wit, on the day and year aforesaid the said DAME GOTHEL feloniously, unlawfully and maliciously did wound the said HIS ROYAL HIGHNESS with intent in so doing him the said HIS ROYAL HIGHNESS thereby then to DISFIGURE: against the Peace of our now Sovereign Lord the King his Crown and dignity.

"AND the Jurors aforesaid upon their Oaths aforesaid do further present that afterwards, to wit, on the day and year aforesaid the said DAME GOTHEL feloniously, unlawfully and maliciously did wound the said HIS ROYAL HIGHNESS with intent in so doing him the said HIS ROYAL HIGHNESS thereby then to DISABLE: against the Peace of our now Sovereign Lord the King his Crown and dignity.

"AND the Jurors aforesaid upon their Oaths aforesaid do further present that afterwards, to wit, on the day and year aforesaid the said DAME GOTHEL feloniously, unlawfully and maliciously did wound the said HIS ROYAL HIGHNESS with intent in so doing him the said HIS ROYAL HIGHNESS thereby then to do some GRIEVOUS BODILY HARM: against the Peace of our now Sovereign Lord the King his Crown and dignity."[_to _DAME GOTHEL] How sayest thou, Dame Gothel, art thou guilty of the high treason, witchcraft, felonies and misdemeanor whereof thou stand indicted, or not guilty?

_DG_: Not guilty.

_Behrends_: How wilt thou be tried?

_DG_: By God and my country.

_Behrends_: God send thee a good deliverance.


	7. Act II, Scenes 1-2

SCENE 1. _The courtroom._

BEHRENDS _is seated at the bench. _SCHECK _sits at the clerk's table, holding a basket of lots. _HAGELSTAIN _and _STROBEL, _and _WIRTNER _and _WINKLER_, are seated at their respective tables. The prospective _petit jurors _stand in front of the jury box. _DAME GOTHEL _sits in the dock between two guards._

_Ballard_: So the case of The Crown vs. Dame Gothel was set for trial. On the Crown's side, Hagelstain filed notice of his intent to seek the death penalty, while on the side of the defense, Dame Gothel asked for and received a postponement.

_Roland_: At last, the day of the trial came, and the process of selecting a jury began.

_Scheck_: [_drawing a lot from the basket_] Meinolf of Wehrda.

_A _petit juror _walks over and takes his seat in the jury box._

_Hag._: Mr. Juror, how do you feel about the death penalty, sir, are you opposed to it or you feel like it is a necessary law?

_Juror_: I don't have a problem with it.

_Hag_.: Do you feel that you could be part of the legal machinery which might bring it about in this particular case?

_Juror_: Yes.

SCENE 2. _The courtroom._

BEHRENDS _is seated at the bench. _SCHECK _sits at the clerk's table. _HAGELSTAIN _and _STROBEL, _and _WIRTNER _and _WINKLER_, are seated at their respective tables. The _petit jurors _stand in the jury box. _DAME GOTHEL _sits in the dock between two guards. The _court usher _stands before the jury box holding a Bible_.

_Ballard_: After three days and 175 potential jurors, the final juror was chosen.

_Roland_: The jury consisted of 1 tavern-keeper, three merchants, a carpenter, two masons, two peasants, a butler, a nobleman, and a retired doctor.

_Scheck_: You the prisoner at the bar: these good men that were last called, and have here appeared, are those that shall pass between our Sovereign Lord the King and you, upon your life and your death; therefore if you will challenge them or any of them as they come to the Book to be sworn, and before they be sworn, you may, and you shall be heard. Juror seated in chair number one, come forward to be sworn.

_A _juror _steps forward and places his left hand on the Bible._

_Scheck_: Hold up thy hand. [_the _juror _raises his right hand_] Repeat after me: I swear by almighty God…

_Juror_: I swear by almighty God…

_Scheck_: … that I will faithfully try the defendant and give a true verdict according to the evidence.

_Juror_: … that I will faithfully try the defendant and give a true verdict according to the evidence.

_Ballard_: Thus the jury was sworn.

_Usher_: O Yes, if any man can inform the judge of this Landgericht for the First Judicial District, or the King's Attorney of this inquest to be taken between our Sovereign Lord the King, and the prisoner at the bar, of any treason, witchcraft, murder, or other felony committed or done by the prisoner at the bar, let them come forth, and they shall be heard; the prisoner now stands at the bar upon her deliverance.

_Scheck_: You gentlemen of the jury that are sworn, look upon the prisoner, and hearken to her charge.

_Ballard_: Then the indictment was read.

_Scheck_: Upon this indictment she has been arraigned: upon her arraignment she has pleaded not guilty, and for their trial has put herself upon God and her country, which country you are. Your charge is to enquire whether she is guilty of the high treason, witchcraft, felonies and misdemeanor of which she stands indicted, in manner and form as she stands indicted, or not guilty. If you find her guilty, you shall then enquire what goods or chattels, lands or tenements, she had at the time of the high treason, witchcraft, felonies and misdemeanor committed, or at any time since. But if you find her not guilty, you shall enquire whether she did fly for it; and if you find that she fled for it you shall enquire of her goods and chattels, as if you had found her guilty: If you find that she is not guilty, nor that she did fly, you shall say so, and no more. And hear your evidence.


	8. Act II, Scene 3

SCENE 3. _The courtroom._

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table_. _The_ _jurors sit in the jury box_. DAME GOTHEL _sits in the dock between two guards_. _The_ usher _stands before the bench._

_Ballard_: The next day, opening statements began in The Crown versus Dame Gothel. Security around the castle was tight. Roads approaching the building were blocked off.

_Enter Hagelstain and Strobel, followed by Wirtner and Winkler. They make their way to their respective tables and sit._

_Usher_: Now entering the courtroom is the attorney for the Crown, Mr. Rudolf Hagelstain, assisted by Mr. Adam Strobel, and the attorney for the defendant, Mr. Jürgen Wirtner, assisted by Mr. Michael Winkler.

_Hag._: [_rising_] May I proceed, Your Honor?

_Behrends_: Go ahead.

_Hag_.: Thank you, your Honor. May it please the Court…

_Behrends_: Counsel.

_Hag_.: Gentlemen of the jury,

This prisoner at the bar stands indicted for a series of crimes including high treason, witchcraft, and the other felonies and misdemeanor which you have heard described in the indictment. The crimes the prisoner stands accused of stretch across the course of seventeen years, run in seriousness from a misdemeanor to high treason, and involve persons from one end of the feudal system to the other, from a humble candlemaker to His Royal Highness the Crown Prince. At the center of it all is one woman, and she is sitting in the dock behind me.

Members of the jury, you have heard the information which is on file here read to you. I'm sure that you generally know what this case is about. The statements that I make at this particular time to you are not evidence. They are simply an outline briefly of what I expect that the evidence of this case is going to show, which will support these charges.

The defendant in this case, Dame Gothel, is a woman of means, who maintained a garden in Neustadt, filled with flowers, shrubs and vegetables. This garden was surrounded by a wall, which separated it from the cottage of Theo and Hannah, they being the aforesaid candlemaker and his wife.

On June 16th, 1318, two crimes were committed in that garden. Theo burglarized Dame Gothel's garden and stole rampion, and Dame Gothel bewitched him. Of those two crimes, however, it is only Dame Gothel's that is being prosecuted here today. The reasons why are manifold. First, theft and burglary have a five-year limit on prosecution, which has now expired for Theo's actions. This leads us to the second reason, which is that Theo's crime was not prosecuted at the time because Dame Gothel, when she caught him, did not report it. Instead, she used the detestable act of sorcery on him, arrogantly feeling that it was her right to use any means to right even the smallest wrongs committed against her, that two wrongs made a right. Yet I think all of you, being qualified to sit on this jury, are cognizant of the fact that this is not so. Men are not left like beasts, among whom the stronger command the weaker, but God has set laws for us. It is a system of governance, with neutral arbiters to settle matters of contention, that distinguishes civilized nations such as ours from bands of primitive savages. Dame Gothel could have put her faith in such a system. She could have gone to law and reported Theo. Instead, she responded to the small crime which Theo committed, which, if she had handled it according to lawful means, would have resulted in him being fined or put in the stocks, with a greater crime, that of witchcraft, which now leaves her facing the prospect of death. And I think it worth pointing out the irony that Dame Gothel, who took matters into her own hands instead of using the systems of law I just described, is now being judged in such a system, is being given the chance she never gave any of her victims. For you see, the final distinction between Theo's crime and Dame Gothel's, is that he has lived the life of a model citizen since then, while Dame Gothel's crime against him was merely the first in a long string of crimes which ended with her betraying her king and country.

Dame Gothel used her witchcraft to compel Theo to promise that he would give her the child his wife was expecting. She turned down offers from him to right the wrong he had committed. You're going to hear from Theo about the spell Dame Gothel cast on him, and you're going to here from Dame Gothel's chief servant, who witnessed the crime as well.

Four months afterwards, on the 27th day of October of that year, Theo and Hannah were at home with their three-day-old daughter, when once again the defendant cast a dark pall over their lives, all because of a simple act of theft which had not been repeated or reported. Theo was holding the infant in his arms, trying to teach her to say "Papa," when who should enter their cottage but Dame Gothel, demanding to see the child. When she further demanded to hold the baby, Theo and Hannah balked, not unreasonably, considering what you have just heard. When Theo tried to drive Dame Gothel from his dwelling as an unwanted visitor, as was his legal right, she once again bewitched him, casting a vile spell which prevented Theo and Hannah from moving, and took the baby from them. She further tightened her grip over the lives of this unfortunate family, by forcing them to agree on the name for the baby: Rapunzel, after the rampion which had started it all. She further compelled Theo and Hannah to agree, while they were still under the effects of the spell, that Rapunzel would come live with her upon reaching twelve years of age. This agreement was not reached through any lawful means such as is required for adoptions or apprenticeships. Rather, the instrument of enforcement were the fear and threats which the defendant used to get Theo and Hannah to agree. You will hear both of them, in their own words, describe these things to you, for they having experienced it themselves, and having felt the terror inspired by the defendant themselves, can convey it to you better than anything you have heard so far ever could.

You may be wondering by now, why Theo and Hannah did not report the crimes against them to the proper authorities before now. They did not because of their fear of the defendant, fear reinforced by the crimes I have just described to you. It was this fear that caused them to keep the bargain Dame Gothel had forced them to accept, so they did not stop her when, on their daughter Rapunzel's twelfth birthday, the defendant came for the girl, and took her away. As I said before, this agreement was not ratified by the documentation required by law for taking a child away from her parents. It was, therefore, a crime of kidnapping. Having thus kidnapped Rapunzel, Dame Gothel proceeded to imprison her, again, without any legal instrument, in a tower in the woods. This tower was unique, for it had neither staircase nor door, and only a little window high in the wall. You will hear Rapunzel herself describe the place where she was held captive by the defendant. Indeed, we shall offer you such proof of her captivity in the tower as to enable you to envision it as though you were there yourselves.

You may be wondering how this tower was accessed, since it had neither staircase nor door. The means was thus: Rapunzel's hair. Rapunzel's hair, which you shall see for yourselves, is more than twenty ells long. Whenever the defendant wished to enter the tower, she would call to Rapunzel, "Rapunzel, Rapunzel, let down your hair!" Rapunzel would then come to the tower window, and let her hair down from it, and Dame Gothel would ascend it like a rope and enter through the window. Sometimes, Dame Gothel would be accompanied on these visits by her Chief Servant. You will hear the Chief Servant describe these visits, and the means of entering the tower I just described.

Rapunzel was not as completely isolated as Dame Gothel might have hoped, however. For her family has a friend of old, Glenna. Glenna is a fortune-teller and cunning-woman. Like Dame Gothel, she practices magic. Unlike Dame Gothel, however, the magic Glenna practices is not maleficium, designed to harm others, but white magic, magic to do good and help others. Thus it is not magic of the type illegal under our laws. Glenna used this magic to help Rapunzel and her parents. She gave Theo and Hannah a magic mirror, with the power to show the viewer what they most desire. Theo and Hannah used this mirror to watch their only daughter from afar, even as she was held captive in the tower. You're going to see this mirror for yourselves, and discover the way it works, and you'll hear from Theo, Hannah, and Glenna what they saw in the mirror. Glenna would also sometimes transform herself into a butterfly, and thus disguised fly into the tower to visit Rapunzel, and bring her news of the world outside. You'll hear from Glenna about how she did this, and you'll also hear Rapunzel describe Glenna's ability to do this.

Rapunzel greatly appreciated these visits because of how lonely she was in the tower. For when Dame Gothel did visit, she did not do the things with Rapunzel that a loving caregiver should do with a young child. On the occasion of Rapunzel's thirteenth birthday, she was able to persuade Dame Gothel to play a game of tag with her. Rapunzel was "it" first, and soon caught Dame Gothel. But Dame Gothel could not run fast enough to catch Rapunzel, so what she could not do by bodily strength, she sought to do by treachery. She feigned exhaustion and sat down on Rapunzel's bed, and when Rapunzel stopped in concern and came over to enquire after Dame Gothel, the defendant rewarded the care and compassion of an innocent child, care and compassion extended even to a captor such as the defendant, with treachery and abuse, by striking Rapunzel on the head. You'll hear from Rapunzel about that, and you'll hear from Dame Gothel's Chief Servant, who also witnessed it.

As the years went by, Rapunzel grew more and more lonely in the tower, and would sing sadly to herself. And it is here that the final characters in this drama enter the picture.

If there is a theme that stands out from the events described in the indictment, it is love. It was love for his pregnant wife that prompted Theo to steal from Dame Gothel's garden. And on the 7th day of May of this year, love led to the next set of events in this narrative. The first instance of love on that day was the love felt by His Majesty the King for his only son, the Crown Prince of this Realm. His Royal Highness, like many a lad of lower station, is of an age where he seeks to exercise his independence. But unfortunately for His Royal Highness, the station God set him at birth restricts his ability to do this. On the 7th of May, His Royal Highness, having stifled under these necessary constrictions, sought to escape them, and set out alone for the forest, seeking to run about and play unhindered like a normal boy. The love His Majesty felt for his son prompted him to despatch Ballard, His Royal Highness's old manservant, and Roland, His Royal Highness's page, to follow His Royal Highness into the forest, to ensure no harm came to His Royal Highness. His Royal Highness and the two servants, as they walked through the forest heard Rapunzel singing to herself. Following the sound of her voice, they discovered the tower. At this point, they spied the defendant coming to the tower, and hid themselves. As they did so, they observed how Rapunzel let down her hair to let Dame Gothel into the tower. You will hear His Royal Highness and the two servants testify as to what they saw. And it is here that the second event involving love that day took place, for His Royal Highness, having heard Rapunzel's voice and seen her hair, fell in love with her.

Thus it was that the next day, His Royal Highness returned to the tower, and left his two servants to stand watch. His Royal Highness approached the tower and called out to Rapunzel using the words he had heard Dame Gothel utter, "Rapunzel, Rapunzel, let down your hair!" Thus, His Royal Highness entered the tower, and made the acquaintance of Rapunzel, who was glad to make a new friend. They eventually resolved upon a plan, whereby His Royal Highness would visit Rapunzel every evening, bringing silk each time, which Rapunzel would sew into a ladder, which she would use to make her escape. You will hear both of them describe this in their own words.

At this moment, Ballard and Roland called out a warning of the defendant's approach. When Dame Gothel came to the tower and called out to Rapunzel, Rapunzel distracted her by falsely telling her there was a man in the forest. Once Dame Gothel had set off in search of this supposed man, His Royal Highness quit the tower by Rapunzel's hair, and rejoined his servants. A disagreement arose between His Royal Highness and Roland on one hand, and Ballard on the other, as to which way to go without meeting the defendant. In the end, His Royal Highness and Roland went one direction, while Ballard went the other. Unfortunately for him, the path he took led him to literally bump into the defendant, who accosted him. Ballard said he was lost. The defendant was gracious enough to give him directions, but she followed this up by warning him never to return to the forest, and then proceeded to put him in corporal fear of his life, by threatening to use witchcraft and sorceries to turn Ballard into a dog if he ever did return. You will hear Ballard describe this.

And so, for the next three months, His Royal Highness visited Rapunzel in the tower every evening, bringing silk each time, which Rapunzel began to weave into a ladder. You will see that ladder. You will hear testimony from Anton von Lindenberg, Amtmann of Marburg, of how he recovered that ladder from the tower. You will also hear from a man named Hermann Benz. He is a silk merchant here in Marburg. He recalls a youth he's almost certain as His Royal Highness buying silk from his shop. And if it was his silk, he should be able to identify it when he looks at the ladder.

Rapunzel kept the secret of His Royal Highness's visits for three months. Then, on the morning of August 11th, Dame Gothel came to call on Rapunzel somewhat earlier than usual. Rapunzel was still asleep when she came. So it was that Rapunzel was still half-asleep as she lowered her hair to let the defendant into the tower. And since she was half-asleep, and not in full control of her faculties, she asked Dame Gothel, "How can it be you are so much heavier than the Prince?" Thus, she unwillingly gave herself away. Dame Gothel pressed her on the matter, and forced her to admit the truth of His Royal Highness's visits. As I told you before, the defendant has consistently shown a sense of arrogance before the law, seeing it as her right to punish anyone who defies her. Thus, she reacted to the news of Rapunzel's "betrayal" by cutting off her tresses with a pair of scissors. You will hear from Rapunzel about this. You will also hear from the Chief Servant about this. You will see the tresses and the scissors. And you'll hear from the Amtmann how he recovered both those items from the tower.

And so pitiless was the defendant, that she took Rapunzel to a wilderness, where she abandoned not only her, but her Chief Servant as well. Again, you'll hear testimony from both of them on this.

Having done this, the defendant returned to the tower, where she deliberately and carefully lay in wait, having resolved to commit the most serious crime she now stands indicted for. For she resolved to exact revenge, by means of inflicting bodily harm, against His Royal Highness the Crown Prince. A man would think the laws of God and men had so fully secured these sacred persons, that the sons of violence should never approach to hurt them: for the very thought of such an attempt hath ever been presented by all laws, in all ages, in all nations of the world, as a most unpardonable treason. Gentlemen of the jury, this is that that brought the two eunuchs in the Persian court to their just destruction; voluerunt insurgere, says the text, and yet that was enough to attaint them. And so it was by the Roman laws too, as Tacitus observes; qui deliberant, desciverunt. To doubt or hesitate in a point of allegiance, is direct treason and apostasy. And upon this ground it is, that the law upon which you are now to proceed hath these express words: if any person or persons do maliciously wish, will, or desire, by words, or writing, or by craft, imagine, invent, practice, or attempt, any bodily harm to be done or committed to the King's most royal person, the Queen, or their heirs apparent, kings who are God's vice-regents upon earth, have thus far a kind of resemblance of the divine majesty, that their subjects stand accountable to for the very thoughts of their hearts. Not that any man can know the heart, save God alone; but because when wicked heart breaks out into any open expressions, by which it may be judged, it is the thoughts of the heart which makes the treason; the overt act is but the evidence of it.

Gentlemen of the jury, this care and caution is not so to be understood, as if it were the single interest of one royal person only. The law doth wisely judge and foresee, that upon the lives of the king and his heirs apparent depends the laws and liberties, the estates and properties, the wealth and peace, the religion, and in sum, the glory of the nation.

Thus you may judge for yourselves the profound wickedness of the defendant's actions: for as I have said, she lay in wait for His Royal Highness, coming to the tower on an errand of love. And when His Royal Highness had come, and called out "Rapunzel, Rapunzel, let down your hair!" And the defendant use her black arts to imitate the sounds of Rapunzel's voice, and lowered her severed tresses from the window for His Royal Highness to ascend. So that when His Royal Highness entered the tower, His Royal Highness found not Rapunzel, but Dame Gothel. His Royal Highness courteously introduced himself, but upon seeking Rapunzel, was told mockingly that "The pretty little bird is no longer in her nest." And here it was that the defendant turned treasonous compassing and imaginings into treasonous practice, by using the abominable arts of witchcraft and sorcery to inflict pain on His Royal Highness. When His Royal Highness asked where Rapunzel was, the defendant threatened to scratch His Royal Highness's eyes out. His Royal Highness proceeded to draw his dagger, not unreasonably since the defendant had just attacked him, saying "Tell me, or, as much as it's against my nature, I'll use this." At this point the defendant carried through on the treasonous threat she had made, and blinded His Royal Highness through a vile spell. His Royal Highness leaped from the tower, and wandered blindly through the forest for the next four days. The little servant, however, soon used the magic which Dame Gothel had equipped it with to lead Rapunzel to the place where His Royal Highness was wandering. Upon their reunion, Rapunzel's tears miraculously restored His Royal Highness's sight, while His Royal Highness's touch miraculously restored Rapunzel's hair to its original length. We shall offer you the testimony of His Royal Highness, Rapunzel and the Chief Servant, as to this.

Theo, Hannah and Glenna, who had seen all that had happened in the magic mirror, had been searching for Rapunzel, while the loyal Roland and Ballard had been searching for His Royal Highness. Through the mercy of Heaven, once the two lovers had been reunited, so did the searchers find them. Then His Royal Highness brought them all to this castle, where the crimes were reported to the Amtmann. Amtmann von Lindenberg went to the tower with a party of knights, where he found the defendant, as the witnesses said he would, and arrested her, and he recovered the evidence which I have described to you. You will hear from the Amtmann and two of the knights, how they found the defendant in that tower.

As you already know and as his Honor instructed you, our burden in this case is to prove the guilt of Dame Gothel beyond a reasonable doubt. We welcome that burden. We will meet it.

We'll prove what the Court will allow us to prove; that is, evidence against Dame Gothel. And I hope that you'll be able to keep your focus on that as well.

As you can probably tell from what I've said, there is no single witness who is going to come in here and tell the whole sad story. Our case consists of dozens of pieces of evidence put together. His Honor referred to that earlier, when he was speaking with you. And those pieces will come in like bricks building a brick wall.

Now, some of the bricks won't fit tightly together, because memories will be slightly different; and as I think we spoke to some of you in jury selection, there will undoubtedly be some unanswered questions. There always are in a case of this complexity.

But in the end, we will build a solid wall of evidence against Dame Gothel, making your job of determining her guilt easy, I believe. You'll get a clear picture of what happened, and it won't depend on any one witness. There will be overlapping proof, and you'll be convinced beyond a reasonable doubt that she's responsible for all the crimes attributed to her in the indictment.

You may find many of the things I've described to you, especially the magical elements of this case, hard to believe. Indeed, you will see much in this trial which you have never seen before, and which you may not have thought possible. But see it you shall, in a manner which shall prove the defendant guilty beyond a reasonable doubt.

As I've said, our evidence is not dependent on any one witness. I'm not going to again detail the charges. The Judge has already explained them to you; but in presenting all of this evidence to you, we obviously are going to be able to prove the charges against Dame Gothel. Each of the crimes hath various elements. The Judge at the end of the case will instruct you on those elements. It's our burden to prove each of the elements for each of the charges.

We will meet that burden. We will make your job easy. We will present ample evidence to convince you beyond any reasonable doubt that Dame Gothel is responsible for these terrible crimes.

Thank you.

Thank you, your Honor.

_Wirtner_: [_rising_] May it please the Court …

_Behrends_: Mr. Wirtner.

_Wirtner_: King's Attorney, Mr. Hagelstain, and to Mr. Strobel, the Deputy King's Attorney, and to Dame Gothel, my client, I have waited three months for this moment to outline the evidence to you that the crown will produce, that I will produce, both by direct and cross-examination, by exhibits, that will establish not a reasonable doubt but that my client is innocent of the crime that Mr. Hagelstain has outlined to you.

You have been empowered to determine whether the allegations made by the Crown against my client are true; that is to say, whether she is guilty or not guilty.

Mr. Hagelstain has outlined to you this morning the Crown's case, the evidence, or at least some of it, which he hopes to prove. The Judge has told you that that is not evidence itself, what he says; and certainly what I say is not evidence.

Many of the witnesses that Mr. Hagelstain said would testify will tell you that though they have spent many, many – in some cases dozens of hours – talking with the gentlemen at the prosecution table and with the Amtmann, they have never talked to us. So in some cases, we will be asking them questions to find out for the first time; and we will ask them about these conversations that occurred over so many hours and so many days with the prosecution.

Yes, my client did bargain for Rapunzel with the herb that shares her name. But know this – Theo is not a bumbling simpleton who is desperate to stop his wife from dying, he is a drunken liar. He didn't steal from my client's garden because his wife craved the herb – that was just the lie he concocted when caught. You will hear from two of my client's servants how my client saw Theo slip into her garden countless times before she finally confronted him. Theo used it to flavor his drink – he thought it improved the taste. Or so Hannah told my client, when she visited her house and begged her to take her unborn child. She whispered of nights when too many sips left him frothing at the mouth, left her to bear his wrath. When she rolled up her sleeves to show my client the bruises that strained her skin, how could she refuse?

So the next time Theo crept into my client's bed of greens, she was waiting. She appeared before him, and he cowered before her, babbling empty promises she knew he would not keep, promises of gold and Hannah cleaning for her. When my client, keeping her promise to Hannah, demanded Theo's child instead he almost toppled over, so great was his relief.

After she let him scramble back home, Hannah emerged from behind a tree. She did not speak. Her shining eyes told Dame Gothel enough. Dame Gothel's two servants shall tell you of all this.

As to the remainder of the evidence that Mr. Hagelstain said he would present, we shall seek to show you that it is all circumstantial.

This is an important case. You know it. It's the only opportunity I will have probably for a couple of weeks, before we put on our case. I thank you for your attention, and I believe that you now know what I meant when I said every pancake has two sides.

Thank you.


	9. Act II, Scene 4

SCENE 4. _The courtroom._

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table_. _The_ _jurors sit in the jury box_. DAME GOTHEL _sits in the dock between four guards_. _Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles. Each guard holds an end of the chain._ HAGELSTAIN _and _STROBEL, _and _WIRTNER _and _WINKLER_, are seated at their respective tables._

_Ballard_: The next day, the Crown began calling its witnesses. Once again, Theo was the first witness.

_Scheck_: Call Theo.

_Enter_ Theo. _He takes his seat in the witness box_.

_Ballard_: Theo was sworn, and Hagelstain examined him as before.

_Hag_.: [_rising_] Do you know the defendant Dame Gothel?

_Theo_: Yes, sir.

_Hag_.: Can you identify her in the courtroom?

_Theo_: [_indicating _DAME GOTHEL] In the dock between those guards.

_Hag._: How are you acquainted with her?

_Theo_: She is my next door neighbor.

_Hag._: Have you ever been on her property?

_Theo_: Yes, twice.

_Hag_.: When was the first time you set foot on her property?

_Theo_: It was around twilight on June 15, 1318.

_Hag_.: What cause did you have for doing so?

_Ballard_: After Hagelstain had finished direct examination, it was the time for the defense to cross-examine Theo.

_Hag._: [_sitting_] Your witness.

_Wirtner_: [_rising_] Theo, have you discussed your testimony with the King's Attorney prior to today?

_Theo_: Twice; once before testifying to the grand jury, and again a few weeks ago.

_Wirtner_: Did Mr. Hagelstain instruct you about what you have said?

_Theo_: No, sir. He just asked to go over my testimony with me, so I said what I've just said, and he said it was good.

_Wirtner_: You said you were never on my client's property before June 15, 1318. What if I said I could produce witnesses who said you had trespassed into her garden before that date?

_Theo_: They would be incorrect.

_Wirtner_: Do you drink?

_Theo_: I like a beer or two at the tavern when I can afford it.

_Wirtner_: Have you ever struck your wife after drinking?

_Theo_: [_indignantly_] No, never! For one thing, on nights when I have been drinking at the tavern, Hannah's usually asleep when I get home.

_Ballard_: Try as he might, Wirtner was unable to shake Theo's testimony.

_Wirtner_: No further questions, Your Honor.


	10. Act II, Scene 5

SCENE 5. _The courtroom._

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table_. _The_ _jurors sit in the jury box_. DAME GOTHEL _sits in the dock between four guards_. _Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles. Each guard holds an end of the chain._ HAGELSTAIN _and _STROBEL, _and _WIRTNER _and _WINKLER_, are seated at their respective tables._

_Ballard_: The next day, Hannah gave evidence.

_Strobel_: May it please your Honor, we will proceed to call another evidence.

_Scheck_: Call Hannah.

_Enter _HANNAH. _She sits in the witness box._

_Ballard_: Hannah was sworn, and told the jury her story.

_Strobel_: You were present when Theo went into the defendant's garden.

_Hannah_: I was watching from the window, like I told you I agreed to do.

_Ballard_: When Strobel had finished direct examination, Winkler cross-examined her.

_Winkler_: You state you were watching from the window when Theo went into Dame Gothel's garden. Did you speak to my client?

_Hannah_: No. Like I said, I ran in terror when I saw her.

_Winkler_: Has Theo ever beaten you?

_Hannah_: [_firmly_] Never! Not once.

_Ballard_: Hannah stuck to her story. Glenna was called next.

GLENNA _walks over to the witness box._

_Hag_.: You state that you brought a gift to Rapunzel on her birthday. What was that gift?

_Glenna_: A magic mirror that allows the viewer to see the person they most wish to see.

_Hag_.: [_producing a mirror_] Could you please take a look at this mirror?

_Glenna_: I see it.

_Hag_.: Do you recognize that?

_Glenna_: That is the mirror in question.

_Hag_.: Move to admit Crown Exhibit 1, your Honor.

_Wirtner_: No objection, your Honor.

_Behrends_: 1 received.

_Hag_.: May I publish?

_Behrends_: Yes.

HAGELSTAIN _hands the mirror to the _usher,_ who hands passes it to the _jurors, _who pass it among themselves_.

_Ballard_: Thus the jurors saw how the magic mirror worked, and were much intrigued by it.

_Roland_: It was a dramatic moment in the court when Glenna demonstrated how she had turned herself into a butterfly to visit Rapunzel.

_Hag_.: You stated earlier that you had promised Rapunzel to visit her in disguise. Did you do this?

_Glenna_: Yes.

_Hag_.: How did you disguise yourself?

_Glenna_: I turned myself into into a butterfly and flew into the tower.

_Hag_.: Can you demonstrate to the jury and the court how you did this?

_Blackout. Then the lights come back on_. DAME GOTHEL _gets to her feet._

_DG_: You defied me all along! How did I not catch you, you sly little bitch?

_The _guards _yank on the ends of their chains and pull _DAME GOTHEL _back down to the bench in the dock._

_Behrends_: Dame Gothel, I must request you to remain silent, or face further charges for contempt of court. Counsel for the Crown will continue.


	11. Act II, Scene 6

SCENE 6. _The courtroom._

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table_. _The_ _jurors sit in the jury box_. DAME GOTHEL _sits in the dock between four guards_. _Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles. Each guard holds an end of the chain._ HAGELSTAIN _and _STROBEL, _and _WIRTNER _and _WINKLER_, are seated at their respective tables._

_Ballard_: If there was a star witness of the trial, it was Dame Gothel's Chief Servant.

_Enter the _Chief Servant, _taking a seat in the witness box._

_Strobel_: Please to look upon the prisoner at the bar, if you know her?

_CS_: I know her well.

_Strobel_: How are you acquainted with her?

_CS_: She is the reason I exist. She magically created me to be her Chief Servant.

_DG_: And I wish I never had!

_Behrends_: If I have to have you gagged, I will. Counsel for the Crown will continue.

_Strobel_: Can you describe to the court and the jury where you were the evening of June 15, 1318?

_CS_: I was in my mistress's garden.

_Strobel_: Was anyone else with you?

_CS_: The two lesser servants whom my mistress subsequently created to assist me.

_Strobel_: Did you see Theo enter the garden?

_CS_: Yes, he fell over the wall separating the garden from his house.

_Strobel_: Had you ever seen him come into the garden before?

_CS_: No, I had not.

_Exit _Chief Servant. _Enter_ Rapunzel, _sitting in the witness box._

_Ballard_: Next, Rapunzel herself took the stand, describing her captivity in the tower vividly.

_Hag_.: During your time of captivity in the tower, was the defendant good to you?

_Rap_.: For the most part. But she left me alone more often then I would have liked, and I grew lonely as the years went by. And she did once strike me, on my thirteenth birthday.

_Ballard_: Rapunzel went on to describe how Prince Derek had discovered her in the tower, and how they had hit upon the idea of the silk ladder.

_Hag_.: I'd like to show you what's marked Crown Exhibit 2.

_Enter _usher, _bearing a silk ladder._

_Hag_.: Do you recognize this?

_Rap_.: Yes, it is the ladder I spoke of.

_Hag_.: Your Honor, I'd move for the admission of Crown Exhibit 2.

_Wirtner_: No objection.

_Behrends_: Received.

_Ballard_: In a similar vein, the Crown introduced Rapunzel's severed tresses and the scissors found in the tower, and she identified the hair as hers, and the scissors as being the ones Dame Gothel used to cut it.

_Exit _RAPUNZEL.

_Roland_: Ballard and I testified as to our relation to the case, followed by the prince.

_Glenna_: Then the crown called Hermann Bentz, the silk merchant who had sold the prince the silk for the ladder.

_Behrends_: Next witness, please.

_Hag_.: Crown calls Hermann Bentz. Mr. Strobel will question her.

_Behrends_: Thank you.

_Enter_ HERMANN BENTZ, _sitting in the witness box_.

_Scheck_: Would you raise your right hand, please. [BENTZ _raises his right hand_] Repeat after me. I swear by Almighty God –

_Bentz_: I swear by Almighty God –

_Scheck_: - that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.

_Bentz_: - that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.

_Scheck_: Would you have a seat, please. Would you state your full name for the record and spell your last name.

_Bentz_: Hermann Bentz, B-E-N-T-Z.

_Behrends_: Thank you. Mr. Strobel.

_Strobel_.: Thank you, your Honor. Good afternoon, Mr. Bentz. How do you do?

_Bentz_: Very well, thank you.

_Strobel_: All right. Why don't you start by telling us how old you are.

_Bentz_: I'm 35.

_Strobel_: And where do you live?

_Bentz_: Here in Marburg.

_Strobel_: And have you lived in Marburg your whole life?

_Bentz_: Yes.

_Strobel_: And whom do you live with?

_Bentz_: My wife.

_Strobel_: Is there anyone else there with you right now?

_Bentz_: Our two children.

_Strobel_: All right. Now, what are you currently doing for your occupation?

_Bentz_: I'm a silk merchant.

_Strobel_: During the summer of this year, did you have any repeat customers?

_Bentz_: Yes, a few.

_Strobel_: Was one of them a youth about 17 or 18 years of age.

_Bentz_: Yes, a boy of that description did make multiple visits to my shop.

_Strobel_: Could you identify him?

_Bentz_: I'm all but certain it was His Royal Highness the Crown Prince.

_Strobel_: On a scale of 0 to 10, how certain are you it was His Royal Highness?

_Bentz_: About a 9.

_Strobel_: Bring forth Crown Exhibit 2.

_The_ usher_ brings in the rope ladder_.

_Strobel_: Can you identify the silk in this ladder?

_Bentz_: That is the silk which I sold to that young man.

_Strobel _[_sitting_]: Your witness.

_Winkler_ [_rising_] Mr. Bentz, you said there is 1 chance in 10 the youth who bought the silk was not His Royal Highness?

_Bentz_: There's a slight chance I could be mistaken, and yet the silk in that ladder is definitely the silk I sold to that youth.

_Ballard_: Winkler could not shake Bentz's identification.

_Winkler_: No further questions.

_Behrends_: The witness is excused.

_Exit_ BENTZ. _Enter _VON LINDENBERG, _sitting in the witness box._

Ballard: Next, Amtmann von Lindenberg testified as to arresting Dame Gothel in the tower, and recovering the silk ladder, severed tresses and scissors from the tower. He also read Dame Gothel's confession to the jury.

_Exit_ VON LINDENBERG.

_Roland_: The last two witnesses for the Crown were two of the knights who had arrested Dame Gothel.

_Hag_.: Your Honor, the Crown rests its case.


	12. Act II, Scen 7

SCENE 7. _The courtroom._

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table. The jurors sit in the jury box._ DAME GOTHEL _sits in the dock between four guards. Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles, securing her to the bench where she and the guards sit._ HAGELSTAIN _and_ STROBEL, _and_ WIRTNER _and_ WINKLER, _are seated at their respective tables. _

_Ballard_: The next day, the defense began its case.

_Behrends_: Is the defense ready with its case?

_Winkler_: Yes, Your Honor. I call Servant #2.

_Enter _1st Lesser Servant, _sitting in the witness box_.

_Ballard_: The servant was sworn.

_Winkler_: How are you acquainted with the defendant?

_1st LS_: She created me to be her servant.

_Winkler_: I'd like you to cast your mind back to the summer of 1318. Were you serving your mistress at that point?

_1st LS_: Yes.

_Winkler_: Did your duties ever lead you to be in her garden?

_1st LS_: Yes.

_Winkler_: Did you ever see the next-door neighbor Theo come into the garden?

_1st LS_: Yes, multiple times

_Winkler_: What did he do when he came into the garden?

_1st LS_: He would climb over the fence, steal rampion and leave.

_Winkler_: Did you ever see Theo's wife Hannah in the garden?

_1st LS_: Yes, twice..

_Winkler_: Can you describe the occasion?

_1st LS_: She came to the house one night, in June 1318, to see my mistress.

_Winkler_: Do you know what they talked of?

_1st LS_: Hannah said that Theo had been stealing my mistress's rampion to flavor his drink, and she begged my mistress to take her unborn child. She talked of nights when her husband became drunk and beat her, and she rolled up her sleeve to reveal the bruises on her arms.

_Winkler_: Did you Theo enter the garden after this?

_1__st__ LS_: He came again on the evening of June 16, and once again knelt down to pick rampion. This time, my mistress came out of the house and confronted him, saying, "How dare you come into my garden like a thief, and steal my rampion!" Theo cowered before her, shrieking "My wife craves your rampion, saying she would die without it, and I just thought since she was going to have a child that it was my duty as a father and a husband to get it for her. I'll give you gold. My wife can clean for you!" My mistress said, "If what you say is true, take as much as you like." "As much?" said Theo. "You are kind, Dame Gothel!" "On one condition," said my mistress. "What condition?" asked Theo. "You must give me the child your wife is about to bring into this world," said my mistress. Theo almost toppled over, so great was his relief. "You want…my child? She's just a girl, have her!" After my mistress scrambled home, Hannah emerged from behind a tree. She did not speak. "Leave him," my mistress urged. "Start a new life." Hannah shook her head and looked at my mistress, pleading.

_Winkler_: Your witness.

_Exit _1st Lesser Servant. _Enter _2nd Lesser Servant, _sitting in the witness box._

_Ballard_: Dame Gothel's other remaining servant testified to the same thing as the first. They were the only witnesses for the defense.

_Exit_ 2nd Lesser Servant.

_Winkler_: The defense rests, Your Honor.


	13. Act II, Scene 8

SCENE 8. _The courtroom._

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table. The jurors sit in the jury box._ DAME GOTHEL _sits in the dock between four _guards_. Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles, securing her to the bench where she and the _guards_ sit. _VON LINDENBERG_ stands behind her._ HAGELSTAIN _and_ STROBEL, _and_ WIRTNER _and_ WINKLER, _are seated at their respective tables._

_Ballard_: The next day, summations began.

_Behrends_: The record will show that all members of the jury are present and seated in the box. This is now the time for the defense argument. You may proceed, Mr. Wirtner.

_Wirtner_: Gentlemen, those of us who do this for a living have a lot of questions about what our function really is when it comes to summing up. It is often called an argument, but I think it is inappropriate, because when you argue with someone, you exchange ideas in an effort to find out who is more persuasive. But in the setting of any trial the final remarks of counsel are not answered by the jury, and what the jury does is not recorded for the first time in this entire proceedings. You will see this gentleman and those who work with him disappear, as you talk together about what you believe you have heard and what you believe of what you heard. There are many concepts in the law. Now, you will hear a great deal members of the jury in this case about a reasonable doubt. The Court will instruct you that it is the duty of the Crown in this case to prove beyond a reasonable doubt the guilt of the defendant as charged in the indictment. Now, just what is a reasonable doubt. Without some high flying legal language, let's just talk about a reasonable doubt for just a minute. When you were selected, each and every on of you on this jury at the very beginning of this trial some three weeks ago, I believe that this Court felt like you were reasonable men, otherwise you would not have been allowed to remain on this jury, and the lawyers for the defendant and the lawyers for the Crown felt like you were reasonable men or you would not have been allowed to remain; therefore, if after you make your analysis in this evidence in this case and listen to the law given to you by the Court and apply the law to this evidence, if arriving from that evidence or from the lack of that evidence there's a doubt in the minds of any single one of you, that is a reasonable doubt. The doubt of a reasonable man. That is my simple explanation of a reasonable doubt. How could it be otherwise?

In deciding this case we are relying upon your oath of office and that you will decide it only on the facts, not on whether you like the lawyers or don't like the lawyers. We are really quite unimportant. Whether you like the judge or don't like the judge, that is unimportant, too. Whether you like the defendant or don't like the defendant.

_Behrends_: I am glad you didn't say I was unimportant.

_Wirtner_: No. The likes or dislikes are unimportant.

And I can say that it is not whether you like the defendant or don't like the defendant. You may detest the defendant, for all I know; you may love her, I don't know. It is unimportant. It shouldn't interfere with your decision, it shouldn't come into it. And this is hard to do.

I make no doubt but there are those here who are zealously concerned for the success of this prosecution, and yet I hope they are not many; and even some of those, I am persuaded, when they consider to what lengths such prosecutions may be carried will not all abide by their present sentiments. I say "not all," for the man who from an intimacy and acquaintance with a king has conceived a personal regard for him, the man who has felt none of the strokes of his power, the man who believes that a king has a regard for him and confides in him it is natural for such men to wish well to the affairs of such a king. And as they may be men of honor and generosity, may, and no doubt will, wish him success so far as the rights and privileges of their fellow citizens are not affected. But as men of honor I can apprehend nothing from them. They will never exceed that point.

There are others that are under stronger obligations, and those are such as are in some sort engaged in support of the king's cause by their own or their relations' dependence on His Majesty's favor for some post or preferment. Such men have what is commonly called duty and gratitude to influence their inclinations and oblige them to go His Majesty's lengths. I know men's interests are very near to them, and they will do much rather than forgo the favor of a king and a livelihood at the same time.

There are indeed another set of men, of whom I have no hopes. I mean such who lay aside all other considerations and are ready to join with power in any shape, and with any man or sort of men by whose means or interest they may be assisted to gratify their malice and envy against those whom they have been pleased to hate; and that for no other reason than because they are men of ability and integrity, or at least are possessed of some valuable qualities far superior to their own. But as envy is the sin of the Devil, and there fore very hard, if at all, to be repented of, I will believe there are but few of this detestable and worthless sort of men, nor will their opinions or inclinations have any influence upon this trial.

What are the strong points of the Crown's case? Well, there is physical evidence and eyewitness testimony concerning my client's alleged actions in the tower where it is alleged she kept Rapunzel captive, at least, those actions alleged to have taken place in May through August of this year. As far as all the crimes alleged of my client up to this year, there is only the testimony of witnesses. Theo and my client's erstwhile Chief Servant are the only eyewitnesses to the alleged witchcraft my client committed in her garden. For those two witnesses for the crown, there were two witnesses, namely, my client's other two servants, who contradicted it. I think this is enough evidence to cast doubt on Theo's credibility, added to the fact that he admits to being a thief. Therefore, you must also call into question his testimony concerning the witchcraft my client is alleged to have committed against him in his own house four months later. This leaves Hannah as the only eyewitness against my client for that alleged crime. And given the testimony you heard about Theo's abuse of her, I think that is cause to doubt her reliability. How can you not have reasonable doubt that he beat her into supporting his testimony?

The Court will tell you that it is not necessary for the defendant to take the witness stand or to come forward and prove one single thing. The mere fact that an indictment exists against her is no evidence, whatsoever. The mere fact that she has been brought here for you to try and is accused, is no evidence whatsoever.

Now, Gentlemen of the Jury, the defense does not have the opportunity any more to talk about this case. The Crown has a right to close it, under our system if his Honor grants that right to them. Mr. Hagelstain may argue this case or he may not. He may not consider this case worth arguing or he may argue it, but I have a lot of respect for that man, he is a fine King's Attorney, and I think of him as my friend and I am his friend, and he has a lot of talent and persuasiveness and I have heard him before, but I ask you to please do one thing, and I believe the Court would ask you to do the same thing, and that is that you vote your own conviction in this case. If you happen to be one either in the majority or the minority you hold to it, and I say to you that time and expense is of no concern in this case, certainly you believe that. The government has shown you that, maybe four million groschen strong, so time and expense is of no criteria in this case. Hold to your own convictions.

There are some indicators of reliability that I think you are very privileged to have as a jury because juries are by definition a group of citizens with no knowledge and no interest in the outcome, assembled to listen to people tell different stories and decide which one of them, if any, has told the truth. The regimen under which that function is cost protects against the one thing we do not want and cannot stand, and that is a mistake by you that lands on my client. The Crown can well afford it. Somewhere when the only really important talk is given to you, and that will come from the bench and not the lawyers, you are going to hear that the Crown, and this is a judgment of the Court, that the Crown always wins when justice is done. And while we wish we could say we impaneled you to do justice, please do not get those kinds of grandiose ideas. We know that it is normally beyond the capability of human function. We impaneled you for a very different reason: Dame Gothel has a lot going against her.

Mr. Hagelstain has asked you to convict this old lady. I suggest to you, gentlemen, that in order to bring yourselves to the state of mind where you could have what the Court is going to require you to have, on abiding satisfaction to a moral certainty that she is really guilty, before you are allowed to use that word, you have to resort to something besides the evidence in this case, for it is riddled with doubt, and always will be. We have given you all we have got. No one is every going to be sure. They will be talking about the case for longer than I think I am going to have to talk about it, whether it occurs to me, or probably the only people in the courtroom I have not had to talk about it so far with. I place the welfare of my client in your hands. Thank you.

_Behrends_: Well, gentlemen, that concludes the defense argument. The record will show that all the members of the jury are present and seated in the box. This is the time for Mr. Hagelstain's closing argument. You may proceed, Mr. Hagelstain.

_Hagelstain_: May it please your Honor, and you the Gentlemen of the Jury, the evidences have plainly proved, that the prisoner at the bar committed maleficium against Theo and Hannah, kidnapped their daughter and unlawfully imprisoned her in a tower, struck her upon the head on at least one occasion, threatened to bewitch Ballard, cut off Rapunzel's hair and abandoned her in a wilderness, and traitorously bewitched, assaulted and blinded His Royal Highness the Crown Prince; so that I think it hath been plainly proved home upon her.

The events that were set in motion seventeen years ago are drawing to a close. We have managed, in this trial, to present to you over the last three weeks the events that took place over those seventeen years. I want to take the time to visit with you, summarize, to discuss the evidence we introduced over the last three weeks. It may take me the morning, and I appreciate the patience that you have shown to all of us throughout these proceedings; and I know I can trust that patience yet again this morning, but it is important that all of us discuss and think about and reflect upon what hath been heard in this courtroom for the last three weeks.

It is my opportunity to review some of the evidence, to suggest to you fair inference that, we submit, have been supported. It is my chance and I will to review the charges, what is at stake, what are the criminal charges against Dame Gothel, what must the Crown prove to you beyond a reasonable doubt before we can prevail and you can convict. I want to do that; but when I do that and when I am done, you will have concluded that the evidence does in fact sustain the charges against Dame Gothel.

When I first spoke to you in the opening and told you what the Crown intended to do, to fairly present the evidence against Dame Gothel, I told you that the evidence would make your job easier, that it would amount to overwhelming evidence of guilt, that it would build brick by brick, witness by witness, a wall, a wall that added up to the guilt of Dame Gothel. After three weeks of trial and hammered away at by a very experienced, very skilled team of defense lawyers, that wall still stands, stands tall and strong, and it adds up to the guilt of Dame Gothel.

When you retire to the jury room, evaluate what promises I made against the evidence and see if we have kept our word or no. We promised and we have plainly proved, in more ways than one, a number of important factual propositions.

Firstly, Dame Gothel, having caught Theo stealing rampion from her garden, attacked him with maleficium and forced him to promise he would give her his unborn child.

Secondly, that shortly after the said child was born, she entered into Theo and Hannah's house, used maleficium on both of them, bestowed the name Rapunzel on the child, and forced them to agree to let her take Rapunzel away from them on her twelfth birthday, which promise she kept by kidnapping Rapunzel on her said twelfth birthday and imprisoning her in a tower in the woods.

Thirdly, that she treacherously struck Rapunzel on the head on her thirteenth birthday.

Fourthly, that she threatened to turn Ballard into a dog when she discovered him in the woods around the tower.

Fifth, that when she discovered Rapunzel had secretly been receiving visits from His Royal Highness the Crown Prince, she cut off her hair and cast her out into a wilderness.

And finally, that she then returned to the tower to accost His Royal Highness, and traitorously bewitched His Royal Highness and blinded him. That's the Crown's case. Promises made, promises kept.

Contrast those promises and the evidence that supports them against the defense's promises to you made in opening. Mr. Wirtner addressed you in opening and outlined to you what he expected the evidence would show. And his Honor has told you and you all know that no defendant need offer any witness, need offer any proof; but when they do, when they make promises and when they present evidence, you are entitled to examine that evidence in the same degree of scrutiny that we expect and demand that you examine our proof. And when you do so, his promises were not kept.

Mr. Wirtner stood before you in opening and said not only would the evidence create a reasonable doubt that you could not in fact conclude beyond a reasonable doubt that Dame Gothel committed these crimes, he promised something much, much more: He promised that the evidence in this courtroom would prove Dame Gothel innocent. It was a bold promise. He has failed to keep it. The evidence does not support it.

This is a maleficium case. And as all maleficium cases, we must introduce you to the victims, and we did so in this case.

We took you back in time, first to the summer of 1318, to Dame Gothel's garden, through the words of Theo and Dame Gothel's chief servant.

We took you to Theo and Hannah's cottage four months later, through their voices.

Who could forget the testimony of Glenna? You saw for yourselves just how she turned herself into a butterfly to visit Rapunzel in the tower. You saw how the magic mirror she gave to Theo and Hannah worked.

You heard from Rapunzel herself, describing her captivity, abuse and eventual abandonment in the wilderness at the hands of the defendant. You saw her severed tresses, and the scissors Dame Gothel used to cut them.

You heard from His Royal Highness's servants, Ballard and Roland, describing how they saw the defendant going to the tower and ascending Rapunzel's hair to enter it. You heard Ballard describe how the defendant threatened him.

You heard His Royal Highness, making you among the minority of subjects to behold their future king in the flesh, describe how the defendant bewitched and blinded him.

You heard the Amtmann and two knights, describing how they arrested the defendant in that tower. Why should she be found there, if she was innocent as Mr. Wirtner claimed?

You heard His Royal Highness and Rapunzel both describe the scheme they had planned to allow Rapunzel to escape from the tower, that of a silk ladder. You saw that ladder. You heard the Amtmann describe how he found it in the tower. You heard Hermann Bentz describe selling the silk to His Royal Highness. You saw Mr. Bentz identify the silk in the ladder as coming from his shop.

Now, you have far more information now in November than the Amtmann had in August, but it comes, nonetheless, to the same conclusion. The evidence in August was already mounting up against Dame Gothel.

And a month later, a grand jury here in Marburg returned an indictment against Dame Gothel. And this case has only to do with Dame Gothel; and our job throughout this trial has been to establish to your satisfaction beyond a reasonable doubt that Dame Gothel is guilty of those charges.

Let me take just a few minutes now and outline exactly what those criminal charges are. There are eight crimes in the indictment: witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm.

In our business, we talk a lot about essential elements, and essential elements for your business become your checklist. They are questions of fact that each of you and collectively you must decide beyond a reasonable doubt the Crown hath proved. So let me go through your checklist for you on the crimes that have been alleged against this defendant, Dame Gothel.

The first crime, witchcraft, is the use of magic arts to cause harm to others.

The second crime, abduction of a minor, is taking a child under seventeen years of age from the custody of their parents without their lawful consent. No such consent existed in this case, since the promise Theo and Hannah made to the defendant was made under duress.

The third crime, unlawful imprisonment, is confining someone against their will without lawful authority. The power to do this was not extended into the defendant's hands.

The fourth crime, causing bodily harm, is physically assaulting the health of another person, as Dame Gothel did to Theo, Hannah, Rapunzel and His Royal Highness.

The fifth crime, threatening the commission of a felony, is self-explanatory.

The sixth crime, endangering the welfare of a child, is a misdemeanor, yet becomes a felony if it results in the death of said child. Fortunately for Rapunzel, Dame Gothel's Chief Servant prevented that from occurring.

The seventh crime, high treason, is the most serious. In this case, Dame Gothel caused bodily harm to the heir to the throne.

And this bodily harm, since it was serious enough to cause His Royal Highness to lose sight in both his eyes, was therefore grievous, and this is the last of the crimes the defendant is charged with.

Keep these definitions in mind as you listen to the evidence we discuss this morning and through the course of this day and, of course, during your deliberations, and see if the Crown hath not, in fact, proven beyond a reasonable doubt each of those essential elements as to each of those eight charges.

Let me take a moment and talk a little bit about the deliberative process. We'll talk a little bit about one rule you may not find in the Judge's instructions to you. The first rule, of course, as he will tell you, is that the critical question is whether we have convinced you beyond a reasonable doubt of the charges that face this defendant. It does not mean that all of you have to agree about the evidence. You have to agree about what that evidence means. And so each of you will take, perhaps, in different degrees of sufficiency the evidence of one witness or another; and what it means may strike one of you very differently than somebody else. You do not have to agree on how you reason. You do not have to agree on the weight you want to give a particular witness. All that you have to agree on collectively is that the Crown hath met its burden and proved beyond a reasonable doubt the charges against this defendant.

And in this case, there is some likelihood that you may react differently, each of you, to the evidence in this case, partly because there is so much different evidence. There are eyewitness accounts, there is the defendant's confession, physical evidence from the tower, and physical evidence from Glenna's shop.

In this case, the Crown hath presented both direct and circumstantial evidence; and I expect his Honor will tell you the law draws no distinction between the two. And so you can be as persuaded by circumstantial evidence as the next juror might be by direct evidence. It is entirely up to you to give whatever weight you think the evidence is entitled to.

Under the laws of this nation this defendant was entitled to have her day in court. She got that. She was also entitled to have a fair trial by an impartial jury. She also got that. That is all that she is entitled to. Since she committed these crimes, the Crown is entitled to a guilty verdict.

Thank you very much.

_Behrends_: Gentlemen of the Jury, the prisoner at the bar stands indicted for witchcraft against Theo, Hannah, and His Royal Highness the Crown Prince, abduction of a minor, namely Rapunzel, unlawful imprisonment of said Rapunzel, causing bodily harm to Theo, Hannah, Rapunzel and His Royal Highness, threatening the commission of a felony against Ballard, endangering the welfare of a child, namely the said Rapunzel, high treason, and causing grievous bodily harm to His Royal Highness.

To prove the crimes charged against the defendant, the Crown must prove the following things to you:

First, that the defendant used magic against other people;

Second, that the magic was intended to cause harm to the said people;

Third, that the defendant's actions physically harmed the said people;

Fourth, that the defendant's actions were taken without the lawful and willing consent of any of theses people;

Fifth, that the defendant's actions caused these people to be in corporal fear of their lives;

And sixth, that the defendant acted deliberately and with full knowledge of the implications of her actions.

If each of you believes that the prosecution proved all six of these things beyond a reasonable doubt, then you should find the defendant guilty. But if you believe the prosecution did not prove any one of these things beyond a reasonable doubt, then you must find the defendant not guilty.

Proof beyond a reasonable doubt does not mean beyond all possible doubt. It means that you must consider all of the evidence and that you are very sure that the charge is true.

The burden of proof in this, as in every other criminal proceeding, is placed upon the Crown. Every defendant in a criminal proceeding is presumed to be innocent and this presumption of innocence is attached to the defendant throughout the trial until the defendant is proved guilty beyond a reasonable doubt.

The burden is on the Crown to prove the defendant guilty beyond a reasonable doubt, and if the Crown fails to sustain that burden then you have no alternative save to return a verdict of not guilty.

Now, what does the Court mean in law by the concept of a reasonable doubt? It is a doubt based on reason, a doubt for which you can give a reason. It is not a fanciful doubt. It is not a whimsical doubt, nor a doubt based wholly on conjecture. The Crown is not required to establish the guilt of a defendant beyond all doubt, or guilt of a defendant to a mathematical or to a scientific certainty. Its burden is simply to establish guilt beyond a reasonable doubt. Now, perhaps this will assist you to better understand what the Court has in mind by reasonable doubt.

If after an impartial comparison and consideration of all of the evidence you can candidly say that you have such a doubt as would cause you to hesitate to act in matters of importance to you yourself, then you have a reasonable doubt. But if after such an impartial comparison and consideration of all of the evidence and giving due consideration to the presumption of innocence which attaches to the defendant, you can truthfully say that you have an abiding conviction of the defendant's guilt such as would not cause you to hesitate to act upon in the more weighty and more serious and important matters relating to your personal affairs, then you do not have a reasonable doubt. Though I think the evidence is very plain and clear, yet I shall not pretend to direct your judgments.

_Ballard_: Then the court usher was sworn to keep the jury, and the jury withdrew to deliberate.

_Exit j_urors _and_ Court Usher.

_Roland_: After one hour of deliberation, the jury sent a message to the judge.

_Enter _Usher.

_Usher_: Your Honor, the jury has reached a verdict.

_Behrends_: Please be seated. Before I return the jury to receive the verdict – and of course, at this moment, the verdict is known only to the jury – I want to caution everyone here that there must be no audible or visible reaction to the verdict when it is given.

Now, any person violating this order that there be no reaction will be removed from the courtroom.

_Enter _jurors.

_Behrends_: Members of the jury, have you reached a verdict?

_Jurors: _Yes, we have.

_Scheck_: Usher, take the appearance of the jury.

_Usher_: Meinolf of Wehrda.

_Juror_: Here.

_Ballard_: And so the rest.

_Scheck_: Gentlemen, are you all agreed of your verdict?

_Jurors_: Yes.

_Scheck_: Who shall say for you?

_Jurors_: Our Foreman.

_Scheck_: You of the jury, look upon the prisoner. How say you? Is she guilty of the witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm whereof she stands indicted, or not guilty?

_Foreman_: Guilty.

_Scheck_: What goods or chattels, lands or tenements, had she at the time of the witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm committed, or at any time since, to your knowledge?

_Foreman_: None, that we know of.

_Scheck_: Then hearken to your verdict, as the court has recorded it. You say that Dame Gothel is guilty of the witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm whereof she stands indicted; but that she had no goods, chattels, lands or tenements at the time of witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm committed, or any time since, to your knowledge, and so you say all?

_Jurors:_ [_together_] Yes.

_Behrends_: Members of the jury, you have determined by your verdict that the evidence established the guilt of Dame Gothel on these charges beyond a reasonable doubt of crimes for which death is a possible punishment. Whether Dame Gothel should be put to death for these crimes is a question whose answer shall be recommended by the jury serving as the conscience of the Crown. Although the law hath given this responsibility to the jury, it also doth command that you must exercise your discretion by following a specific procedure and give careful and thoughtful consideration to information characterized as "aggravating and mitigating factors" to be presented now in a court hearing that is in a sense an extension or continuation of the trial.

I specifically instruct all of you that you must not discuss the verdict or the deliberations resulting in the verdict at any time before the penalty questions in this case are addressed and resolved.

I am going to have an interval here between this moment and the time that we begin with the presentation of the information that is relevant to the question of penalty.

So we are going to start that phase of the trial on Monday morning. And there will be a whole new set of instructions that will given to you as you address the question of the penalty to be imposed. You understand, I am sure, from what I told you in the course of jury selection, the voir dire process, about the penalty phase is a very separate phase; and it really has its own rules and own principles of law that must be followed in connection with that.

Now, of course, this is a much different situation from any other time that I recessed and you went home. This verdict, obviously, is going to be a matter of great public interest. Great publicity will surround it. There will undoubtedly be many commentaries with respect to it. People can second-guess you on your decision.

As I have explained here, however, there is no obligation on your part to answer anybody's questions; and indeed, it would be inappropriate for people to ask you questions about this decision. So at the same time, you should not discuss the case now among yourselves or with anyone else. This is, of course, a solemn question. It must be addressed seriously and in accordance with the instructions that will be given to you in the next phase of the case.

And, of course, just as with the question of guilt or innocence of these charges, the question of what the punishment should be is a matter on which you should reserve judgment, even in your own minds, again, knowing that this question is coming but reserve judgment in your own minds until we have had the penalty phase completed, the information necessary has been provided to you, and I have had the opportunity to instruct you in detail with respect to that law, because those instructions are quite detailed and require you to address this question in a very analytical way, just as you have addressed the questions before you on the guilt or innocence of these charges.

So you have done your duty in this case. You have returned this verdict. We will go forward with it from here to proceed to the next phase. And we will begin that at nine o'clock on this next Monday – coming Monday morning.

Between now and then, you are going to be excused. And again, do not talk with anybody about it, the verdict, your deliberations, the trial, and what lies ahead; and permit no one to talk with you about it. And if anyone seeks to do that, you let us know about it.

Also, of course, stay away, now – and it's going tobe difficult, because there is going to be a lot out there, a lot of comment. Stay away from that. We do not want to have, and it would be unfair now to have, you influenced by anything that anybody says about your decision in this case or what you should do next. This is a solemn responsibility that is given to you; and it is, indeed, a most serious obligation that rests upon you to decide this next question.

So be true to your oath, as you already have been. Reserve judgment. Do not talk about it. We shall have you back in here at nine o'clock on Monday morning and start the penalty phase hearing.

You are all excused until then. Mr. Amtmann, look to your prisoner.


	14. Act II, Scene 9

SCENE 9. _The courtroom._

_BEHRENDS is seated at the bench. SCHECK sits at the clerk's table. The jurors sit in the jury box. DAME GOTHEL sits in the dock between four guards. Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles, securing her to the bench where she and the guards sit. VON LINDENBERG stands behind her. HAGELSTAIN and STROBEL, and WIRTNER and WINKLER, are seated at their respective tables._

_Ballard_: So, four days later, the jury came back for the penalty phase of the trial.

_Behrends_: Now, before we begin, I want to give you a general overview of where we are now and what to expect in the immediate days ahead.

Now that the jury has found Dame Gothel guilty of crimes which carry a possible sentence of death, we begin the second phase of the trial, the part where you will be asked to decide whether Dame Gothel should be sentenced to death, to a fine, or some other lesser sentence.

Even though the jury has found Dame Gothel guilty of charges which carry a possible death sentence, the law requires that you approach this sentencing proceeding with open minds and be able to give meaningful consideration to all of the possible sentences, which again are death, fines, or any lesser sentence provided by law.

Before deciding on the appropriate punishment, you must consider additional information about the crimes and about the uniqueness of the defendant as an individual human being. The information you may consider includes the evidence presented at the trial. Thus you may consider the testimony, the exhibits, and the stipulations offered by both sides during the guilt phase; and there will be no need for the parties to reoffer that evidence that's already before you.

The parties will also call witnesses and other exhibits at this second hearing in an effort to prove

aggravating and mitigating circumstances. The Crown first will present information about aggravating circumstances which tend to support imposition of the death penalty. The defendant then will present information about mitigating circumstances which tend to support imposition of a sentence other than death.

I will instruct you in more detail at the close of this hearing regarding the questions you must answer based on all of the information which you will then have before you. Your initial responsibility will be to decide whether the Crown has proved beyond a reasonable doubt that the defendant acted with the requisite intent to cause harm and whether the Crown has proved at least one aggravating

factor from the list of aggravating factors it has alleged.

If you make these findings, you must then consider whether the Crown has proved beyond a reasonable doubt additional aggravating factors that it has alleged.

Next, each juror individually must consider whether the defendant has proved any mitigating factors by a preponderance of the evidence. Mitigating factors may include information about personal traits, character, or background of Dame Gothel.

You must ultimately determine whether the proven aggravating factor or factors sufficiently outweigh any proven mitigating factor or factors to justify a sentence of death. The weighing of aggravating and mitigating factors is not a mechanical process. You should not simply count the number of aggravating factors and mitigating factors and decide which number is greater, but instead you should consider the weight and value of each factor.

Your role in this proceeding is to be the conscience of the community in making a moral judgment about the worth of a specific life balanced against the societal value of a deserved punishment for those particular crimes. Your decision must be a reasoned one, free from the influence of passion, prejudice, or any other arbitrary factors.

As in the guilt phase of the trial, there will be four steps in this sentencing hearing:

First, counsel for the Crown will make an opening statement. Counsel for the defendant will make an opening statement at a later time.

Second, the parties will present information, beginning with the Crown and then the defendant.

The third stage or phase will be counsel for the Crown and the defendant will make closing arguments, just as they did during the trial, beginning with the defendant's counsel and then the crown.

And four, I will instruct you in detail more fully on the controlling law.

Now, once again, just as was true throughout the trial, you must keep open minds and wait until you've heard it all before making any individual decisions and before discussing the question of punishment with any other jurors.

Now, I must ask you this question: We – of course, you recognize some of these things from the time that you were here for voir dire and you heard a lot of these same things being explained to you generally; and you responded with respect to your ability to decide the question of punishment if that should occur and to follow the law and go according to the law and the information. And we speak of "information" at this stage instead of "evidence," because technically the rules of evidence do not limit the information that can be provided during this phase.

Of course, you're going to be limited to considering what you see and hear in the courtroom, but you won't have the same type of objections being made by lawyers with respect to hearsay, for example. Hearsay, within limits, can be considered in this information. It's a different type of hearing. We're at a sentencing hearing; and the rules, so to speak, that I will be applying are a bit different.

But, of course, the fundamental rule is that the jury must fairly and impartially consider what they have heard, both at trial and during this phase and follow the law in making the decision.

So I want to ask you now: Much has happened since you first answered these questions before the trial ever started and during the time that you were selected as jurors. I must ask you now: Are there any of you who for any reason feel that you are now unable to proceed and fairly deliberate and decide the issues to be presented to you in accordance with this general instruction that I have just given to you and the detailed instructions to be given to you requiring that you base your decision on the information and law given to you in this court?

Are there any of you for any reasons of health who are unable to proceed?

Very well. We will then go forward with this hearing and call on counsel for the Crown for the opening statement.

_Hag_.: Your Honor…

_Behrends_: Mr. Hagelstain

_Hag_.: May it please the court…

_Behrends_: Go ahead.

_Hag_.: Mr. Wirtner, my assistant, the Deputy King's Attorney, and gentlemen of the jury.

On behalf of the Crown and my assistant, the Deputy King's Attorney, it is my duty to talk to you, to prepare you to receive information about this crime. You have already heard some information, but we will present more. It is our duty to ensure that you are fully informed with respect to all of the facts, the defendant's prior acts of witchcraft, her danger to the community and the Crown, and her likelihood to reoffend; and it is your duty to be fully informed before you make a sentencing decision.

We present this information on behalf of the Crown not to evoke your sympathy. We want you

to make a decision, a sentencing decision based upon the hard, cold facts of what occurred.

By the verdict that you have found, you have made a determination that this defendant, Dame Gothel, committed all of the crimes charged, crimes of high treason, crimes of witchcraft. Both of these crimes alone carry the death penalty. Each of these crimes alone carries the death penalty; but you have also heard from his Honor this morning that not every crime, not every murder, justifies the imposition of the death penalty. There are special circumstances and cases in which that is permitted, and his Honor told you some this morning about some of the factors that you will need to consider, factors in aggravation, factors in mitigation.

The Court and the law will provide you with a framework, a structure, a format of sorts to assist you and guide you in connection with this decision; matters in aggravation, and matters in mitigation. The law, however, does not define for you what weight you should give to these factors; and that, of course, is what his Honor has just talked to you about just moments ago. Some of the factors, whether they be in mitigation or aggravation, you may attribute little weight to. Some, you may attribute a lot of weight to. Others, you may attribute pounds of weight to. That decision is yours.

In the end, you will be asked to balance these aggravators and mitigators and act, as his Honor stated, as the moral conscience of the community.

Nearly two months ago, before this trial began, the Crown notified Mr. Wirtner and his colleague as to those aggravating factors that the Crown would rely upon in this case should the defendant be found guilty; and I'm going to list for you those six factors and then discuss each in turn with you this morning.

The first factor is that the defendant committed the offenses after substantial planning and premeditation to cause harm to one or more persons and to commit an act of treason.

The second factor: that the defendant has committed acts of witchcraft that harmed others prior to the offenses for which she was indicted, and is therefore a danger to the public safety.

Third fact: the defendant committed the offenses against victims of special status, namely a minor and the heir to the throne.

Fourth, That in committing the offenses charged in the indictment, the defendant caused serious physical injury, including maiming and disfigurement, to one of her victims.

Five: That the defendant has shown no remorse.

Six: That the offenses committed by the defendant were perpetrated against multiple victims.

I'll first start with the factor involving substantial planning and premeditation. Now, over the course of the past six weeks, you have heard evidence with respect to the planning and preparation used by this defendant in connection with these crimes. You've heard it in bits and pieces; but together, taken together, it shows to you the fabric of the defendant, the person who thought out, who planned, carefully planned, and executed these crimes.

Frequently, crimes are committed with little or no planning, with seconds of premeditation, sometimes in the heat of passion. And as you reflect on this evidence that you have heard, you will think about the fact that for years and years and years, the defendant hatched her plans and set about the course of events that you have already heard described.

I know you recall the evidence, and I'm not going to spend much time talking to you about it this morning. I know that you recall the fact that the defendant's crimes spanned seventeen years, during which she had ample time to halt the chain of events she had started. She planned for twelve years the day when she would abduct Rapunzel, and constructed the tower for that purpose. She kept Rapunzel captive there for five years. She had ample time to release her if she had so desired.

And you recall that after abandoning Rapunzel in the wilderness, the defendant returned to the tower and lay in wait for His Royal Highness.

The second aggravating factor that I wish to talk to you about briefly this morning is the fact that the defendant, prior to committing the crimes that you have found she committed, had a reputation among her neighbors as a witch. You recall Theo's testimony of how reluctant he was to steal rampion from the defendant because of his fear of her witchcraft, and the fates of those she found in her garden. Put together, the fact that the defendant has practiced maleficium that has harmed a number of people, from commoners to the heir to the throne, is proof that she is a danger to the community. You've seen throughout this trial how the defendant has been brought into the dock every day under heavy guard, manacled hand and foot. This alone should demonstrate to you the danger she presents to all, and therefore how likely she is to reoffend. Set free, she is very likely to exact revenge on many of us here today the moment she is released from her restraints.

The third factor involves the status of two of Dame Gothel's victims, Rapunzel and His Royal Highness the Crown Prince, who were at the time of the crimes against them, a minor and the heir to the throne, respectively. Rapunzel was a defenseless child at the time the defendant cut off her hair and abandoned her into the wilderness. And the fact that His Royal Highness's status as the heir apparent did not stop the defendant from her plan to bewitch and maim him. And this hearkens back to the previous factor. If Dame Gothel will not hesitate to commit the severest crime on our books of law, if she will curse the future king as readily as she will a humble candlemaker, no one is safer from her. But to return to the third factor, His Royal Highness's special status, the defendant's actions threatened the line of succession to the throne. Had the Chief Servant not led Rapunzel to the place where His Royal Highness was wandering, the Crown Prince might have starved to death in the wilds. Kings are chosen by God, and to betray one's country is to do the work of Satan.

The fourth aggravating factor is that the defendant caused serious physical injury, including maiming and disfigurement, to His Royal Highness, specifically by blinding him in both eyes. You heard His Royal Highness describe this, and you heard Rapunzel and the Chief Servant testify how they found His Royal Highness wandering blindly through the forest.

The fifth aggravating factor is that the defendant has shown no remorse. You heard the Amtmann describe to you how when she was arrested, Dame Gothel was threatening vengeance on him and his men. She has had two outbursts in court against witnesses that my deputy and I presented to you. Not once has she made any expression of contrition.

And finally, the sixth aggravating factor, that the crimes the defendant committed had multiple victims, three people who were bewitched, one assaulted and one threatened. There are five people, all unique, all individual, and they're different.

Gentlemen, at the end of this case, after you've heard all of the evidence, we will ask you to return a verdict of death, the only verdict that justly fits this crime. Thank you.

_Behrends_: Members of the jury, we will take our morning recess at this time. And then we'll be proceeding. I remind you what I said in the instructions. You will hear from defense counsel with an opening statement also, but that will be reserved until after you have heard from the witnesses

called here by the Crown. So under this procedure the defense will give you an opening statement before they present information concerning the mitigating circumstances.

Now, we're going to go, as we were throughout the trial, to you're not being sequestered, kept separate and apart from other persons during the time of the presentation of this information to you in this hearing. We again return to holding you to your oath and on your honor; avoid anything outside what's being presented to you in this courtroom that could in any way influence you on the questions that you're going to have to decide. Also as a part of maintaining open minds until you have heard everything that you're going to hear that relates to these issues, please do not discuss this with other

jurors or of course with any other person. I'm going back to what you've heard me say over and over again during the trial, but it's just as important during this phase of the case as well, during this proceeding. So I'm sure you will cooperate with us and follow these cautions. You're excused now for 20 minutes. [_Exit _jurors] We'll recess, 20 minutes.

_Ballard_: After 20 minutes, the court reconvened.

_Enter _jurors.

_Behrends_: Be seated, please. [_The _jurors _sit_] All right. We'll ask for the next witness_._

_Scheck_: Call Old Alf.

_Enter _OLD ALF. _He goes to the witness box_.

_Scheck_: Hold up thy hand_._

_Ballard_: The witness was sworn.

_Scheck_: Would you have a seat, please? [OLD ALF _sits_].

_Behrends_: Mr. Hagelstain.

_Hag_.: Thank you, your Honor. Good morning, Old Alf.

_Old Alf_: Good morning.

_Hag_.: How do you do?

_Old Alf_: Quite well, thank you.

_Hag_.: Start off by telling us where you live.

_Old Alf_: I live in Neustadt, where I keep a tavern.

_Hag_.: And how long have you lived in Neustadt?

_Old Alf_: My whole life.

_Hag_.: Are you married?

_Old Alf: _I am married.

_Hag_.: And how long have you been married?

_Old Alf_: 43 years.

_Hag_.: Are you married?

_Old Alf_: I am married.

_Hag_.: Please to look upon the prisoner at the bar, if you know her?

_Old Alf_: I know her.

_Hag_.: Old Alf, I will ask whether or not you are acquainted with the general reputation of the defendant in this case for being a witch?

_Old Alf_: Yes, sir.

_Hag_.: Is that good or bad?

_Old Alf: _Bad_. _We try to keep the strangers that come to the tavern as far away from that old witch as possible. No sense in putting innocent passers-by in danger.

_Hag_.: Your witness.

_Wirtner_: [_rising_] Old Alf, have you ever seen my client practice magic?

_Old Alf_: Not with my own eyes, no.

_Wirtner_: Then why do you say she is a witch?

_Old Alf_: She is very disagreeable to all who encounter her when she ventures outside her house. And I have heard stories of people whom she caught in her garden. And when she did, she would turn turn them into a rock, or lock them inside a tree, or scratch their eyes out.

_Wirtner_: But you have not seen any of this?

_Old Alf_: No, thank God. But there have been a few residents who disappeared over the years, so I found that grounds to believe the stories.

_Wirtner_: No further questions.


	15. Act II, Scene 10

SCENE 10. The courtroom.

_BEHRENDS is seated at the bench. SCHECK sits at the clerk's table. The jurors sit in the jury box. DAME GOTHEL sits in the dock between four guards. Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles, securing her to the bench where she and the guards sit. HAGELSTAIN and STROBEL, and WIRTNER and WINKLER, are seated at their respective tables. _GLENNA _walks over to the witness box_.

_Ballard_: The next day, the Crown called Glenna again.

_Strobel_: As a practitioner of magic yourself, what can you tell us about the defendant's use of it?

_Glenna_: It is the exact opposite of the type I practice, and Dame Gothel has powers I will never have.

_Strobel_: Could you describe her powers, and her use of them as far as it reflects typical maleficium?

_Glenna_: A practitioner of maleficium, like Dame Gothel, uses their powers for sinister purposes. If they perform a healing, one will never know the real reason for the service, or what price one will eventually have to pay. The harm done in any ritual greatly outweighs whatever benefit may be achieved. Witches like this are a source of mischief and considerable danger.

_Strobel_: Can you give your expert opinion on whether this defendant in particular is a threat to the community?

_Glenna_: Yes, indeed. Dame Gothel will not forgive anyone who defies her. She is very powerful. Right now, her power is neutralized by the physical restraints imposed on her, but the moment they come off, her powers come back. And if they ever do come off, from what I know of her personally, I think it is all but certain she will use her powers to take revenge on all who have been involved in her prosecution. So yes, she is a grave threat to the public.

GLENNA _leaves the witness box and walks back to join _ROLAND_ and _BALLARD. _Enter _VON LINDENBERG. _He goes to sit in the witness box_

_Ballard_: Next, the Amtmann was called again.

_Hag._: After you arrested the defendant, did you execute any search warrants in connection with this case?

_Von L_.: Yes, one at the tower, one at Glenna's shop, and a third at Dame Gothel's residence in Neustadt.

_Hag_.: By any chance, was one of the items you collected from her residence a rock shaped like a man?

_Von L_.: Yes, such an item was found in her garden.

_Hag_.: I'd like to show you what's marked Crown Exhibit 5.

_Enter _usher _and_ VON LINDENBERG_'S men, dragging in a rock shaped like a man on a sledge_.

_Hag_.: Is this the rock in question, Mr. Amtmann?

_Von L_.: Yes, that is it.

_Hag_.: Your Honor, I'd move for the admission of Crown Exhibit 5.

_Wirtner: _No objection.

_Behrends: _Received_._

_Exit _VON LINDENBERG _and his men._

_Scheck_: Call Amalie of Neustadt.

_Enter _AMALIE. _She goes to sit in the witness box_.

_Ballard_: The next witness appeared, and was sworn.

_Scheck_: Would you state your name for the record?

_Amalie_: Amalie.

_Scheck_: Thank you.

_Behrends_: Mr. Hagelstain.

_Hag_.: Could you tell us where you presently live?

_Amalie_: I live in Neustadt.

_Hag_.: Were you born and raised in that area?

_Amalie_: Yes, I was.

_Hag_.: Are you married?

_Amalie_: I was until 20 years ago.

_Hag_.: What was your husband's name?

_Amalie_: Wolfgang.

_Hag_.: What happened to him?

_Amalie_: He disappeared.

_Hag_.: When did that happen?

_Amalie_: July 8, 1315.

_Hag_.: What were the circumstances of his disappearance?

_Amalie_: He had set out that day to take one of my cooking utensils to the blacksmith to have it repaired. I never saw him again.

_Hag_.: Was the defendant, Dame Gothel, living in Neustadt at the time?

_Amalie_: Yes.

_Hag_.: Was her house between your house and the smithy?

_Amalie_: Yes, you had to walk past her house to get to the smithy.

_Hag_.: I'd like you to take a look at Crown Exhibit 5. [AMALIE _walks over to the man-shaped rock_] Does this rock resemble your husband?

_Amalie_: Yes, yes, it is my Wolfgang! [_she begins to weep. Exit_]

_Ballard_: For its last witness, the Crown called the Chief Servant.

_Enter _Chief Servant, _going to sit in the witness box._

_Strobel_: Were you in the defendant's service in July 1315?

_CS_: Yes.

_Strobel_: Look upon Crown Exhibit 5? Do you recall the first time you saw that rock in the defendant's garden?

_CS_: I'm pretty sure it was early July, 1315. I don't know the exact date, but I never saw it before the summer of that year.

_Strobel_: Describe to the court the first time you saw it.

_CS_: I went into the garden that morning and saw the rock which I now see in front of me. It had not been there the previous day. I asked the other two servants how it came to be there. They told me that the afternoon preceding, a man had come into the garden and started to pick flowers. They said my mistress caught him and turned him into a rock, which was the one I had noticed.

_Ballard_: During cross-examination, Dame Gothel's lawyers tried to seize on the fact that the Chief Servant was unsure of the exact date Crown Exhibit 5 had first been in the garden.

_Exit _Chief Servant.

_Hag_.: Your Honor, the Crown rests its case.

_Ballard_: The next day, the defense made its opening statement.

_Behrends_: Members of the jury, we're ready to resume, and we'll hear now from defense counsel on opening statement. Mr. Wirtner.

_Wirtner_: [_rising_] Good morning.

Your Honor, my assistant, Mr. Winkler, and gentlemen of the jury. We have seen many people in this courtroom who have testified with such courage and such dignity. And it now falls to you to decide what is the best, what is the most appropriate response, not just to the crime but to the person who is being sentenced for committing it.

Judge Behrends has said to you several times that you are acting as the conscience of the community in making this decision. You are. We have no King Solomon in our time. Indeed we have never had a King Solomon in this country. For more than 100 years, we have relied on each other, on other peers to make the hardest, most difficult decisions to accord justice.

That is the challenge that is now before you. And we submit that it is not based upon a single reality. The wisdom that you have to draw on is not conventional wisdom. The wisdom of Solomon is anything but conventional. The wisdom that you must summon calls for you first to step back, to step back from the very heavy sense that you had when you left each day, that raw feeling, the feeling that made you cringe, that made you angry, that made you feel a whole range of emotions that most people in this courtroom felt with you.

The first challenge and the first step towards the wisdom of Solomon is to step back, not to step back from the facts, we would never ask you to do that, but to step aside, leave the emotion as best you can there, and let the facts simply reside with you in a calm way.

Judge Behrends has already told you the law gives you a choice on what punishment to give a defendant who has been convicted. That is different than the first phase of the trial. When you took an oath to well and truly try this case, with respect to the issue of guilt or innocence, that oath meant that when the Crown proved the defendant's guilt beyond a reasonable doubt as to any count in the Indictment, it was your duty to vote guilty. You were required to vote guilty when the evidence reached the point of proof beyond a reasonable doubt.

But the death penalty doesn't work that way. Whether you vote for death is up to each one of you. The law doesn't tell you what to do. Each one of you has to decide that for yourself and only after you take everything into account.

We are asking you to punish Dame Gothel by imposing a heavy fine. And for the next few minutes, I'd like to tell you some of the reasons why and about some of the evidence that you will be hearing in this phase of the case.

All we can do, all you can do, is to make the best choice. And if there's one thing to remember through all of this, it is that Dame Gothel will be severely punished either way. Your guilty verdicts have already guaranteed that.

For now, I just want to make the point that this hearing is not about whether to punish Dame Gothel. It's only about how. No matter what Dame Gothel does now, no matter what regrets she feels, no matter what amends she may wish to make, her last chance has come and gone, and she will never be given another.

Over the next couple of days, you will hear from Dame Gothel's two remaining servants about how she was a good employer to them, and treated them kindly.  
Nothing you're going to hear from the defense in the coming days is going to suggest that Dame Gothel couldn't control herself. No one is going to say she didn't know what she was doing. And no one is going to say you should feel sorry for her. But when all is said and done, we think that when you consider the evidence, it will show that, as awful as these crimes have been, a fine is the better choice for everyone. Thank you.

_Ballard_: Once again, the defense called Servant#2 as its first witness.

Enter First Lesser Servant, going to sit in the witness box.

_Wirtner_: How has the defendant treated you during your service in her household?

_1__st__ LS_: Very well. She gives requests instead of commands, and sometimes helps us in our chores. She gives us two days a week off.

_Ballard_: When the servant had finished testifying as to how Dame Gothel had been a good employer, it was time for cross-examination.

_Hag_.:[_rising_] Look upon Crown Exhibit 5. Can you tell how it came to be in Dame Gothel's garden?

_1st LS_: It only came to be there after July 1315.

_Hag_.: And was it a man whom your mistress bewitched and turned to stone?

_1st LS_: I cannot tell, sir.

_Hag_.: You mean you did not see her turn a man into this rock?

_1st LS_: I suppose her actions did have that effect on him.

_Behrends_: What do you mean by your evasions? Did she turn a man into this rock, or did she not?

_1st LS_: She did.

_Hag_.: Did this man not come into the garden, and did she not catch him and bewitch him thus?

_1st LS_: I never did enquire of her whether he came with her consent.

_Behrends_: Servant#2, tell the truth; did she turn this man to stone after catching him in the garden, or did she not?

_1st LS_: She did.


	16. Act II, Scene 11

SCENE 11. _The courtroom_.

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table_. _The jurors sit in the jury box._ DAME GOTHEL _sits in the dock between four guards. Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles, securing her to the bench where she and the guards sit. _VON LINDENBERG _stands behind her_. HAGELSTAIN _and_ STROBEL, _and_ WIRTNER _and_ WINKLER, _are seated at their respective tables_. _The _usher _stands in front of the jury box._

_Ballard_: The defense called Dame Gothel's other servant, who also testified as to how kind she was as an employer, and also admitted under cross-examination that Crown Exhibit 5 had once been a man, whom Dame Gothel had turned into rock after catching him in her garden.

_Roland_: Then the defense rested, and the next day summations began.

_Behrends_: Members of the jury, good morning.

_Jurors_: [_together_] Good morning.

_Behrends_: We're now ready to submit these questions to you. And as I've already indicated to you when we started this sentencing hearing, we'll proceed as we did at the trial; and that is, you'll hear first from counsel for the defense, then counsel for the Crown, and then I will instruct you on the law. So we'll proceed. Mr. Wirtner.

_Wirtner_: [_rising_] Thank you, your Honor. [_to _jurors] Hello.

_Jurors_: [_together_] Hello.

_Wirtner_: Five weeks ago, you took your oath as jurors in this trial, Rex versus Dame Gothel; and now the time's come for you to decide what to do with Dame Gothel.

It's – I'm sure it was clear from the beginning of the case that the Crown would come to you and ask you to impose a sentence of death. That came as no surprise. And I'm sure it's no surprise to you that I come before you and ask you to choose life.

And now you have the unenviable task, each of you – each of you individually have the unenviable task of considering everything you've heard in court, considering all of the instructions from Judge Behrends, considering your life experiences, considering your wisdom, and considering your moral sense in deciding the answer to that question.

Mr. Winkler and I have stood with Dame Gothel for many months. We've tried to bring you information to help you do your job.

We brought witnesses to tell you about Dame Gothel's character. And I need to talk with you about Dame Gothel because she's the person you've got to sentence. She's the person you've got to make your individual decisions about. You're not just making a decision about the nature of the crimes. You did that in returning your verdict of guilty. You did that. You've done that. You're now to make a decision about who she is and who she might become.

I'm not asking you to excuse her. There are no excuses. I'm not asking you for sympathy.

What I am asking you to do when I talk with you about Dame Gothel is to listen. And I'm asking you to hold open your minds, as you promised that you would do.

You have already heard several times from Judge Behrends that in deciding the appropriate sentence for Dame Gothel, you must serve as the conscience of the community. Much has been said about this. I will say more. And Judge Behrends will say more.

It is terribly important that you listen to what is said about this role and come to understand it in your own terms, because it is at the heart of what you're called upon to do. Serving as the conscience of the community requires first that you be willing to follow the law. Judge Behrends will instruct you on the law. What he will tell you is so important that I'd like to take just a few moments to talk about it as well.

The most important requirement of the law, again which you have heard already from Judge Behrends and you will hear again, is that you be willing to consider both aggravating and mitigating circumstances before you decide what the appropriate sentence is. These concepts are new to most of us, so I want to address them briefly.

The fact that we have the death penalty as a possible punishment for certain kinds of crimes does not mean that it must be imposed for any particular crime. There are some who say that this case is one in which the only conceivably appropriate sentence is death. The sentiment is expressed in various ways. You've heard them. Indeed, many of us may have had these thoughts cross our mind at some point in thinking about this case. Some say if we're going to have the death penalty, this is the kind of case in which it has to be imposed.

As Judge Behrends explained to you in his preliminary instructions, when recommending a sentence in this case, you must consider both aggravating and mitigating circumstances. To be able to consider both aggravating and mitigating circumstances, you have to understand what mitigating circumstances are. Let me address that briefly.

Judge Behrends explained in his instructions at the beginning of the penalty phase that mitigation circumstances are those factors which weigh in favor of a sentence of fines or a lesser sentence. They are those aspects of the background, character, and life of Dame Gothel and of the circumstances surrounding these offenses that might cause you to question whether to impose a death sentence. They are the things that tug at you, they give you pause; that cause you to think in your quiet moments that perhaps a fine is the appropriate sentence.

Mitigating circumstances are not matters which excuse the crimes for which Dame Gothel has been convicted, nor do they lessen in any way the responsibility she bears for whatever she did. Either sentence, death or fines, is very severe. Choosing fines over death does not mean that you in any sense excuse these crimes. It means only that you have found some reason to exercise a small measure of compassion. It is crucial that you appreciate this distinction.

There is one other terribly important difference in your consideration of aggravating and mitigating circumstances. You will hear from Judge Behrends that to find an aggravating circumstance, you must all 12 agree beyond a reasonable doubt that an aggravating circumstance exists. That is not the case with a mitigating circumstance. Each of you finds mitigating circumstances, yourself. There need be no agreement. It is your own individual decision as to whether mitigating circumstances exist; and if so, which ones, and if so, how much weight they have.

The final requirement of the law is that you engage in a process of weighing aggravating and mitigating circumstances. Judge Behrends will instruct you. He will instruct that the weighing process is not a mechanical process, a counting and comparing in a quantitative way the number of aggravating and mitigating circumstances. Nor even is it a weighing process in the sense of a scale. The weighing process is qualitative, not quantitative. It requires that you consider aggravating and mitigating circumstances in light of each other and follow the dictates of your conscience as to what sentence should be imposed. Because your conscience is your guidepost Judge Behrends will instruct that you are never, never required to impose a death sentence. Bringing your conscience to bear on the aggravating and mitigating circumstances calls for you to draw upon the deepest resources within you. You must draw upon your own sense of what is right and, because you're also serving as the conscience of the community and the Crown in this case, what you think is right from the perspective of the Crown.

I'd now like to turn to the facts that have to be weighed. You know that the person that you found responsible for these crimes is quite human by now, just like you and many of the people you know and love. You know that Dame Gothel is not an evil woman, not a woman who was somehow defective in the way she thought or felt or dwelt among us in her lifetime, but instead a woman who embodies much of the best that we call "human."

She has not changed. The evidence has shown no change. The testimony of those who know Dame Gothel is still fresh with you, so I won't go over it in much detail; but I do want to recall with you briefly some of the qualities that define this woman, Dame Gothel. Who is she? She is a good and kind employer, easy to work for and not demanding, as you've heard her two remaining servants describe.

She is elderly, as you can see for yourselves.

She has no prior criminal record.

And she is of noble birth.

These are the realities that you must bring into the weighing process in considering the enormity of this crime. How do they relate to one another? There is no excuse, there is no justification. There is enormity and immensity so much that we cannot even wrap our minds around it. That is a clear reality.

The three areas of mitigation do not excuse and do not diminish or call for anything less than a severe, severe punishment, nothing less than a heavy fine.

Before concluding, I'd like to say one word about being a victim in this case. You did not hear from the witness stand any person who was a victim of this case call upon you as to sentence. You did not hear it. That's an important lesson. Victims are honored and supported by having been here, by having been allowed to tell the story even in small ways of what happened to them. There is not a necessary connection between the punishment of Dame Gothel and the futures of people who were victimized and still living.

I can tell you this, and we've shown you, that Dame Gothel is not the worst of the worst. And that's what the death penalty is reserved for, is the worst of the worst.

The prosecutors want you to believe that Dame Gothel is a bad seed. She committed a heinous crime and must be executed. That is the prosecution's theory.

The crime is heinous; that much is true. But you promised us when you took your oath as jurors that when the time came for sentencing, you would look beyond the crime, you would look at the person, and you would look at all of the reasons that the law allows you to consider a fine could be the appropriate sentence.

The law recognizes that all people convicted of the same crime don't get the same sentence. Whether a sentence of death is justified is your own individual decision. The judge's instructions tell you that. And I know during voir dire we talked a lot about, you know, "Well, I'll follow the law, and I can follow the law and do what the law requires me to do." Well, the law requires you to make these findings. The law requires you to make findings as to aggravation, findings as to mitigation, to weigh them, and then the law leaves it entirely up to you.

Each one of you individually, each one of you, is a safeguard against the death penalty. Each individual.

You've been through a lot together. We've all been through a lot together. But you've been through a lot together sitting here for the past five weeks, and I'm sure you want to support each other. But that is not your job in this phase. You have a job to deliberate, listen, discuss and respect. Everyone respects everyone else's views. No one of you ever, ever has to vote for the death penalty.

A sentence of death is only imposed if it is unanimous. A death sentence will not be imposed unless each one of you decides that it should be. A sentence of a fine doesn't dishonor the victims in this case. It does not in any way minimize what happened and what was caused by her crimes.

Finally, a sentence of a fine allows for hope. It allows for the possibility of redemption and a greater opportunity for healing for everyone involved. It's a sentence that reflects justice and mercy. Mercy's never earned; it's bestowed. And the law allows you to choose justice and mercy.

I ask you to make a decision of strength, a choice that demonstrates the resilience of this community. We ask you to choose life and impose a sentence of a heavy fine.

Thank you. [_sits_].

_Behrends_: Mr. Strobel.

_Strobel_: [_rising_] May it please the Court, gentlemen of the jury, it's time. It's time for justice. A little over two decades ago, if not earlier than that, Dame Gothel decided that she had no time for justice. She believed that it was her right to bewitch, hex and enchant anyone who defied her. She used witchcraft and sorcery on her victims without regard to sex or station. She darkened the lives of people in Neustadt and Marburg. She scoffed at the concept of lawful judgement by one's equals or by the law of the land.

But today, despite her total disregard for justice, we give the defendant what every person in this country deserves: Justice. Dame Gothel has been presumed innocent. She's had a public trial, and she has had citizens from her community consider all of the evidence before declaring her guilty beyond a reasonable doubt to every crime charged. Unlike her victims, Dame Gothel receives justice.

But as you know, justice is not finished. There is one decision that you all must make as the conscience of the kingdom. Justice requires that you consider all of the information presented about these crime and about Dame Gothel. And then as Judge Behrends told you during his preliminary remarks, you must make a moral judgment about the worth of a specific life balanced against the societal value of a deserved punishment.

You may recall that during his opening statement, Mr. Hagelstain told you that the Crown would present so much evidence that your decision on guilt would be a rather easy one. That is not – that is not the case at this stage. Everyone acknowledges that the decision that you are about to make is a difficult one. Weighing the worth of anyone's life is a gut-wrenching task. But you are not alone. The fathers of this country determined long ago that the death penalty is appropriate in certain cases. There are laws and developed rules like those that govern the sentencing hearing that we just experienced.

And Judge Behrends will instruct you on the law. He will tell you the aggravating and mitigating circumstances that you are to consider, and the law will provide you a framework for making your decision.

And each and every one of you told us during voir dire that you believed that the death penalty was appropriate, a just punishment in certain circumstances. Now it is time for you to set aside your emotions, be them sympathy, compassion, or fear, and make a decision about Dame Gothel based on the facts.

This trial is not a place for revenge, anger, or fear. It is for justice; it is time for justice, and justice demands that you deal with the facts.

A family was forced to spend five of what should have been the best years of their daughter's life watching her through a magic mirror, rather than seeing her in the flesh and talking to her every day. Those are the facts, and Dame Gothel is responsible for those facts. And that daughter was ripped from the arms of her parents, and spent those years of her life, not in the loving bosom of her family, but alone in a tower. Those are the facts, and Dame Gothel is responsible for those facts.

The heir apparent, our future king, was blinded, and but for Dame Gothel's Chief Servant, and the miraculous tears of Rapunzel, would still be wandering blindly in the wilds, or worse, starved to death. Those are the facts, and Dame Gothel is responsible for those facts.

And if not for the Chief Servant, Rapunzel herself might have starved to death in that wilderness, where she was abandoned. Dame Gothel did that.

It is all of these facts and many more that you must consider when deciding whether Dame Gothel should live or die. We are asking you to do a difficult job. We know that. But we are asking you to do what is right and what is just.

Take a moment before we review the evidence and the information you received during the penalty case and look at Dame Gothel. Look into the eyes of a coward and tell her you will have courage. Tell her you will speak with one unified voice as the moral conscience of the kingdom. Tell her she is a traitor and she deserves to die.

There are many reasons why the defendant should be punished with the ultimate sanction that our kingdom has reserved for only the most heinous of crimes. Those reasons set out as aggravating factors may be weighed against the mitigation that the defense has presented. But it is only you who can determine the weight of each factor and the value of Dame Gothel's life. But for the next several minutes, I would like to review the information that you've received during the penalty hearing that proves beyond any doubt that the defendant's crimes were so despicable that the only just sentence is a sentence of death.

To assist you during your deliberations and to record your findings, his Honor will give you this: Special Findings Form A; and in this form, you will see that you have to make four decisions. The first is to determine whether the defendant intended her crimes. Most of these issues you've already dealt with during the guilt phase.

Once you find that the defendant intended to commit her crimes, you'll be asked to review the aggravating factors, which I will discuss with you in a minute. If you find that the Crown has proved one of those factors, you will look at the defense's mitigation factors. There are numerous factors listed there. But most importantly, after finding whether all of those factors exist, you must weigh the importance of each factor.

Now, you will receive no guidance about how one factor weighs or the import of one factor vs. another. But I'd like to give you just one example. One of the mitigation factors for Dame Gothel is that she had no criminal record, and of course we don't dispute that. But when put on the scales of justice next to the fact that she blinded the heir to the throne, and that her actions could have resulted in the death of His Royal Highness, that factor – that mitigation factor of no criminal record is a mere pebble compared to the pfunds of harm, both actual and potential, that Dame Gothel caused.

The first aggravating factor that you'll need to consider is whether Dame Gothel engaged in substantial planning and premeditation. During his opening statement for this phase, Mr. Hagelstain reviewed some of the evidence that you heard during the trial, and I don't want to repeat that for you, but I do want to remind you of one thing. Dame Gothel laid in wait for an innocent victim. She waited in the tower for His Royal Highness. His Royal Highness came to the tower on an errand of love. Dame Gothel waited for His Royal Highness before she blinded him.

The second factor that you will have to consider during your deliberations is whether Dame Gothel poses a threat to public safety, and whether she has committed other similar acts in the past. Again, there's no question that this aggravating factor has been proved.

While it is true she has no criminal record, that is only because her previous crimes went unreported because her victims feared her too much to report them, or because they did not survive to do so. You yourself saw the rock shaped like a man, which the Amtmann recovered from Dame Gothel's garden, and you saw Amalie identify him as her long-missing husband Wolfgang. You even heard one of Dame Gothel's servants admit, albeit unwillingly, that she had turned him to stone after catching him in her garden.

There can be no doubt that there has been overwhelming evidence proving that Dame Gothel intended to cause injury; nor can there been any question, as to the third factor, that Dame Gothel's victims included two of special status, namely, a minor and the heir apparent.

You heard from both Rapunzel and His Royal Highness about the crimes Dame Gothel committed against them during the guilt phase. For harming a minor and especially harming the heir to the throne to serve some twisted personal agenda, which is so detrimental to the fabric of our society, the authors of our laws decided long ago that that should be a specific aggravating factor justifying the death penalty. Here we have proven beyond any doubt, and you should so find during your deliberations.

The fourth aggravating factor that you need to look at is whether the defendant caused serious physical injury, including maiming and disfigurement, to any of her victims. Of course she did. You heard evidence of that at trial. You saw that His Royal Highness was placed in harm's way and faced the possibility of death on August 11, 1335, and for several days thereafter. You saw him come forward and tell you about the physical injuries that he suffered.

The fifth factor you must consider is whether the defendant has shown any remorse. You have seen yourselves from her courtroom demeanor that she has not. Far from it. She has lashed out at witnesses and had to be silenced by His Honor.

The final factor that you must consider when determining whether Dame Gothel should live or die is that her crimes were perpetrated against five people. This factor, this factor alone, is enough when put on the scales of justice to sanction and warrant a sentence of death for Dame Gothel.

As the Judge will tell you, you have to decide how to weigh each factor. But I submit to you, bewitching three people, including His Royal Highness the Crown Prince, assaulting another person, and threatening a fifth is enough. This is the crime that the death penalty was designed for. If not five people, then how many?

In contrast to these five people, the defense has urged you to consider Dame Gothel, and you should. Dame Gothel came from a noble family. Dame Gothel had good adult role models throughout her youth, and received the privilege of an education. Here is a woman who had every chance to succeed, every opportunity, and instead she chose to be a witch and a traitor.

Dame Gothel did not just betray her king. She betrayed every Hessian. She betrayed you. She is a traitor who chose of her own volition to betray her country by bewitching and maiming the future king. No person made her commit the crimes you have convicted her of.

As the moral conscience of the kingdom, you must speak on behalf of all Hessians who rightly refuse to accept any justification for these horrible crimes. It is time for justice. It is time to impose the ultimate sanction on the woman responsible for these outrages. Serve justice, speak as the moral conscience of the kingdom, and sentence Dame Gothel to death. [_sits_]

_Behrends_: Members of the jury, Dame Gothel has been found guilty of 8 separate crimes, ywo of which carry the death penalty. The laws defining these offenses referred to in the indictment and in the previous instructions given to you provide that the punishment may be death, fines, or any lesser sentence provided by law and decided upon by the Court. The recommendation among these three choices must be made by the jury. Even though you have found Dame Gothel guilty of charges which carry a possible death sentence, the law requires that you approach this sentencing decision with an open mind, able to give meaningful consideration to all possible sentences. Because the factors to be considered include the circumstances of the offenses, it is possible that, even though all of the crimes charged are connected with Rapunzel and her parents, the jury may find differences which would justify different sentences on different charges. If you decide that your findings apply to both of the charges that carry the death penalty, witchcraft and high treason, you will complete and sign only Special Findings Form A. If you find – if you decide that your findings are different for each of the charges, you will use Special Findings Form B and indicate the applicable charge in the space provided, as I will be explaining to you in more detail. Two of these B forms have been provided so that you may report findings separately as to each charge.

Now, a copy of the indictment and the previous instructions given to you at the close of the trial will also be given to you for your reference in making your findings. You will also, as you did have at the trial stage – you will have individual copies of these instructions.

As I have told you previously, you must decide whether the appropriate sentence for the defendant is: (1) death; (2) a fine, or (3) some other lesser sentence to be decided by the Court. Your recommendation that the defendant be sentenced either to death or to a fine will not be binding on the Court, but your recommendation will carry great weight when I decide what sentence to impose. In the event you choose the third option and recommend that the defendant receive some lesser sentence, I will impose a sentence other than death as authorized by law.

Before deciding on the appropriate punishment, you must consider additional information about the crimes and about the uniqueness of the defendant as an individual human being. The parties have presented information pertaining to aggravating and mitigating factors at this sentencing hearing. The information you may consider also includes the evidence presented at trial. Thus, you may consider the testimony, exhibits and stipulations offered by both sides during the guilt phase, and the parties were not required to re-offer that evidence.

Based on your consideration of evidence presented at trial and the information presented at this sentencing hearing, you must make a series of findings to guide you in arriving at a reasoned moral response to the defendant's crimes, background, character and circumstances of the offenses. These findings are to be entered on the Special Findings Form.

Section I of the Special Findings Form asks you to decide what the evidence and information provided to you at the trial and at the sentencing hearing proved as to the defendant's intentions. The Crown has alleged that Dame Gothel committed criminal acts with four types of intent:

(1) That the defendant intentionally harmed the victims;

(2) That the defendant intentionally inflicted serious bodily injury on at least one of the victims

(3) That the defendant intentionally participated in an act, contemplating that a person would be harmed or intending that a person would be harmed, and that the victims were harmed as a result of that act;

(4) That the defendant intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of harm to a person, other than a participant in the offense, such that participation in the act constituted a reckless disregard for human safety and the victims were harmed as a direct result of the act.

There can be no sentence to death or fine unless all of the jurors agree that the Government has proven at least one of these intentions beyond a reasonable doubt. You will recall that the instructions given at the close of the trial informed you that a reasonable doubt is the kind of doubt that would make a reasonable person hesitate to act in the most important of his or her own affairs. When you have unanimously agreed on your answers to the first four questions, the foreperson will write "Yes" or "No" on the appropriate lines on Section I of the Special Findings Form for each of these four intent elements. If you answer "No" with respect to all four elements, then conclude your deliberations, sign the Certification in Section VI of the form, and advise the Court that you have reached a decision. If you answer "Yes" with respect to one or more of the elements, then continue your deliberations and proceed to Section II of the form.

Section II of the Special Findings Form asks whether the Crown has proved beyond a reasonable doubt at least one aggravating factor. An "aggravating factor" is some circumstance that tends to support imposition of the death penalty. The Crown has alleged six such aggravating factors:

(1) That multiple people have been harmed by the defendant's crimes;

(2) That the defendant has committed acts of a similar nature that harmed others prior to the offenses for which she was indicted, and is therefore a danger to the public safety;

(3) That the defendant committed the offense(s) after substantial planning and premeditation to cause harm to one or more persons and to commit an act of treason;

(4) That the defendant the defendant committed the offenses against victims of special status, such a minor or a member of the royal family;

(5) That the defendant caused serious physical injury, including maiming and disfigurement, to any one of her victims;

(6) That the defendant has shown no remorse.

The Crown must prove at least one of these aggravating factors beyond a reasonable doubt. You should write "Yes" or "No" on the appropriate lines on Section II of the Special Findings Form to indicate your unanimous answers to the question of whether the Crown proved the existence of each particular factor beyond a reasonable doubt. If you answer "No" with respect to all six factors, then conclude your deliberations, sign the Certification in Section VI of the form, and advise the Court that you've reached a decision. If you answer "Yes" with respect to one or more of these six factors, then continue your deliberations and proceed to Section III of the form.

Now, Section III of the Special Findings Form asks you to find whether the defendant has proved any mitigating factors by a preponderance of the evidence. Mitigating factors are not limited by law. The law permits you to consider any relevant mitigating information presented by the defendant. "Relevant mitigating information" includes anything in the defendant's background, record, or character, or any circumstances of the offenses, which suggests to you that a sentence other than death should be imposed. The defendant must prove the existence of mitigating factors by a preponderance of the evidence or information.

A "preponderance of the evidence" or information means an amount of evidence or information sufficient to persuade you that a contention is more likely true than not true or that a factor is more likely present than not present.

Not only is the burden of persuasion different for aggravating and mitigating factors, the unanimity requirement that exists for aggravating factors does not exist with respect to mitigating factors. Any one or more jurors may find the existence of a mitigating factor and may then consider that factor in weighing the aggravating and mitigating factors even though other jurors may not agree that the particular mitigating factor has been established. This weighing decision must be made by each juror giving individual consideration to the aggravating factors unanimously found by all of the jurors and such mitigating factors as may be found by each juror.

After completing your findings as to the existence or absence of any aggravating or mitigating factors, you will then engage in a weighing process. In determining whether a sentence of death is appropriate, all of you must weigh any aggravating factors that you unanimously found to exist and each of you must weigh any mitigating factors that you individually found to exist. The jury must determine if the proven aggravating factor or factors sufficiently outweigh any proven mitigating factor or factors to justify a sentence of death.

The process of weighing aggravating and mitigating factors is not a mechanical process. You should not simply count the number of aggravating and mitigating factors and decide which number is greater, but instead you should consider the weight and value of each factor. Whatever findings you make with respect to aggravating and mitigating factors, a jury is never required to impose a death sentence.

Your role in this proceeding is to be the conscience of the kingdom in making a moral judgment about the worth of a specific life balanced against the societal value of what the Government contends to be – or is the deserved punishment for these particular crimes. Your decision must be a reasoned one free from the influence of passion, prejudice or any other arbitrary factor.

After engaging in the process described above, the jury must record its moral judgment as to the appropriate sentence. The place for recording the sentence is Section V of the Special Findings Form. The jury must write in on the line one of three possible sentences: (1) "Death"; (2) "Fine"; or (3) "Some Other Lesser Sentence." Each member of the jury then should sign his name at the bottom of Section V.

The jury, in considering whether a sentence of death is justified, shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim and the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime no matter what the race, color, religious beliefs, national origin, or sex of the defendant or of any victim may be. Section VI of the Special Findings Form contains the certification to this effect that must be signed by each juror.

Now, as I said, you will have the Special Findings Forms available to you; and of course, you will use them. And again, I'm providing a draft or a work copy form that may be used as you go through this process, so that you don't have the possibility of making a mistake in recording something and then having to scratch it out or something. So you have a work form.

Also, I mentioned to you in the instructions that you have two forms to work with. Special Findings Form A would be applicable if your findings apply to both charges, so it says that. Special findings Form A: These findings apply to both charges, if that be your decision. Then you simply use this form and go through and make the findings in accordance with the instructions. And I believe that the questions are very clear here and do not require my repeating them again as I have in the instructions.

On the other hand, you have certainly the possibility that your findings will be separate according to different counts. And it is for that reason that you're being provided 2 Special Findings Forms B, so that with the possibility that your findings would be different as to each charge, you may record them 2 times to the 2 charges.

And then for your convenience, it says, "These findings apply to the following charges," and repeats the charges of the indictment, nd again reminding you what each charge is. And of course, as I've already indicated, you will have a copy of the indictment as you did when you deliberated with respect to guilt or innocence, so that you can refer back to them. And again, a work copy has been provided for you.

Now, I must ask whether the people seated in the 12 chairs who are also the people who decided – deliberated and decided with respect to the indictment are now able to go forward and proceed to make the findings necessary to recommend the sentence in this case.

Are there any among you who are unable to do that?

All right.

Let me just add one additional instruction, of course; and it's the same that I gave you when I instructed you with respect to the guilt or innocence decisions that you made before you deliberated; and that is counsel have commented in their closing arguments in this sentencing phase with respect to the law. And what I would instruct you, if there appears to you to be any difference between any of the statements of counsel with respect to the law and that which I give you in these instructions, including these Special Findings Forms, you will be guided, of course, by my instructions and these forms.

Now, the 12 persons who deliberated in this case and who have indicated that they are ready, willing, and able to proceed to make the necessary findings here will do so.

Members of the jury, I didn't repeat this in the instructions; but I'm sure you understand that now, just as when I instructed you before, your deliberations are among the 12 of you. You're not to communicate with anyone, even to the Court, the status of your deliberations until you have answered the questions in accordance with the instructions and signed off on the form or forms.

And if you feel it necessary to communicate with the Court, again, you may do so in the same fashion as before. Do so by the submission of a written note which will be given to me and then which I will respond to. And, of course, with respect to any other needs that the jury may have, you can do as before the method of communication so that we can provide what you need.

Once again, do not indicate to anyone the status of your deliberations until they are completed.

Members of the jury, you will now retire to consider the questions before you in accordance with these instructions.

_Exit _jurors.

_Behrends_: As before, we ask counsel to be available no more than 10 minutes away; and also, if you haven't heard from us before 10 minutes before 5, be here at 10 minutes before 5.

With that, the Court will be in recess subject to call.

_Ballard_: After deliberating 11 hours over 2 days, the jury reached a decision.

_Enter _jurors. _They hand a form to _BEHRENDS.

_Behrends_: [_reading_] "The jury has considered whether the aggravating factors found to exist sufficiently outweigh any mitigating factor or factors found to exist, or in the absence of any mitigating factors, whether the aggravating factors are themselves sufficient to justify a sentence of death. Based upon this consideration, the jury recommends, by unanimous vote, that the following sentence be imposed:

The defendant Dame Gothel, shall be sentenced to: Death."

_Exit _DAME GOTHEL, _led away by _VON LINDENBERG _and _guards.

_Behrends_: [_to _jurors] I want to thank you on behalf of the Crown and all the people of Hesse. You have served our king and our country, you have served God, and you have served the system. You decided this as a group of 12. No one of you can change it. And you know you don't have to explain it to anybody.


	17. Act III, Scene 1

ACT III

Scene 1.

BEHRENDS _is seated at the bench_. SCHECK _sits at the clerk's table. The _usher _stands in front of the bench._

_Enter _VON LINDENBERG_, followed by _DAME GOTHEL _between four _guards_. Chains run from the heavy iron collar around _DAME GOTHEL'S_ neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles. Each _guard _holds an end of the chain. _VON LINDENBERG _leads _DAME GOTHEL _and the _guards _into the dock._

_Enter _HAGELSTAIN, _followed by _STROBEL, _and _WIRTNER, _followed by _WINKLER. _They sit down at their respective tables._

_Ballard_: Under the laws of Hesse, a jury's recommendation of a death sentence carried great weight, but was not binding. The final decision lay with Judge Behrends.

_Roland_: Thus it was that three weeks later, Dame Gothel was brought into court to learn her fate.

_Behrends_: Be seated, please. This is Rex versus Dame Gothel. The matter comes on for the imposition of sentence pursuant to the jury verdict finding the defendant guilty on the indictment and the jury's special findings and recommendation that the defendant be sentenced to death. Appearing for the Crown? Mr. Hagelstain?

_Hag._: With me this morning is Mr. Strobel.

_Behrends_: And for defendant, Dame Gothel?

_Wirtner_: Jürgen Wirtner is here with the defendant, your Honor; and also seated here as counsel, Mr. Winkler.

_Behrends_: All right. And Dame Gothel is present, of course.

_Scheck_: Dame Gothel, have you anything to say why sentence of death should not be passed against you?

_DG_: My lord, I have nothing to say for myself, but that God Almighty knows I have been sworn against by perjured and wicked people.

_Scheck_: Usher, make proclamation for silence.

_Usher_: Oyez; The king's majesty's judge straitly charges and commands all manner of persons to keep silence whilst judgment is giving, upon pain of imprisonment.

_Behrends_: Dame Gothel, you stand here convicted upon an indictment of witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm by the verdict of the jury, and they have recommended that you be sentenced to death.

Altho you were indicted but for acts of witchcraft against three persons, yet you know that at your trial it was fully proved, even by an unwilling witness, that the rock recovered from your garden by the Amtmann and entered into evidence by the Crown had once been a living, breathing man, an unfortunate soul, whom you bewitched and turned to stone.

Not to mention the many acts of witchcraft you committed before; for which if your judgment by Man was never so authentic, yet you must expect to answer for them before God.

You know that the crimes you have committed are evil in themselves, and contrary to the Light and Law of Nature, as well as the Law of God, by which you are enjoined that "non augurabimini," "you shall not use enchantment," Leviticus 19. And the Apostle St. Paul expressly affirms, that "Idolorum servitus, veneficia, inimicitiae, contentiones, aemulationes, irae, rixae, dissensiones, sectae, invidiae, homicidia, ebrietates, comesationes, et his similia. Quae praedico vobis, sicut praedixi quoniam, qui talia agunt regnum Dei non consequentur," "Idolatry, witchcrafts, enmities, contentions, emulations, wraths, quarrels, dissensions, sects, envies, murders, drunkenness, revellings, and such like. Of the which I foretell you, as I have foretold to you, that they who do such things shall not obtain the kingdom of God," Galatas 5. And it is the voice of nature, confirm'd by the Law of God, that "Maleficos non patieris vivere," "You shall not permit a witch to live," Exodus 22.

And consider that death is not the only punishment due to witches; for they are threatened to have "pars illorum erit in stagno ardenti igne et sulphure, quod est mors secunda," "their Part in the Lake which burneth with Fire and Brimstone, which is the second Death," Apocalypsis 21. See Chapter 22. Words which carry that terror with them, that considering your circumstances and your guilt, surely the sound of them must make you tremble; "quis habitabit ex vobis cum ardoribus sempiternis?" "For who can dwell with everlasting Burnings?" Isaias 33.

As the testimony of your conscience must convince you of the great and many evils you have committed, by which you have highly offended God, and provoked most justly his wrath and indignation against you, so I suppose I need not tell you that the only way of obtaining pardon and remission of your sins from God, is by a true and unfeigned repentance, and faith in Christ, by whose meritorious death and Passion you can only hope for salvation.

You being a lady that have had the advantage of an education, I believe it will be needless for me to explain to you the nature of repentance and faith in Christ, they being so fully and so often mentioned in the Scriptures, that you cannot but know them. And therefore, perhaps, for that reason it might be thought by some improper for me to have said so much to you, as I have already upon this occasion; neither should I have done it, but that considering the course of your life and actions, I have just reason to fear that the principles of religion that had been instilled into you by your education, have been at least corrupted, if not entirely defaced, by the greed and irreligion of this wicked age; and that what time you allowed for study was rather applied to the black arts, than a serious search after the Law and Will of God, as revealed to us in the Holy Scriptures: "in lege Domini voluntas eius, et in lege eius meditabitur die ac nocte," "For had your Delight been in the Law of the Lord, and that you had meditated therein Day and Night," Psalmi 1, you would then have found that God's Word was a "lucerna pedibus meis verbum tuum, et lumen semitis meis," a "Lamp unto your Feet, and a Light to your Path," Psalmi 119, and that you would account all other knowledge but loss, in comparison of "eminentem scientiam Iesu Christi," "the Excellency of the Knowledge of Christ Jesus," Philippenses 3, "autem vocatis, Iudaeis atque Graecis, Christum Dei virtutem et Dei sapientiam," "who to them that are called is the Power of God, and the Wisdom of God," I Corinthios 1, "sapientiam in mysterio, quae abscondita est, quam praedestinavit Deus ante saecula," "even the hidden Wisdom which God ordained before the World," Chap. 2.

You would then have esteemed the Scriptures as the Royal Charter of Heaven, and whichdelivered to us not only the most perfect laws and rules of life, but also discovered to us those acts of pardon from God, wherein we have offended those righteous laws: For in them only is to be found the great mystery of fallen Man's redemption, "in quae desiderant angeli prospicere," "which the Angels desire to look into," I Petri 1.

And they would have taught you that sin is the debasing of human nature, as being a deviation from that purity, rectitude, and holiness, in which God created us; and that virtue and religion, and walking by the Laws of God, were altogether preferable to the ways of sin and Satan; for that the ways of virtue are "viae pulchrae, et omnes semitae illius pacificae," "Ways of Pleasantness, and all her Paths are Peace," Proverbia 3.

But what you could not learn from God's Word, by reason of your carelessly, or but superficially considering the same, I hope the course of his Providence, and the present afflictions that he hath laid upon you, hath now convinced you of the same: For however in your seeming prosperity you might make a "inludet peccatum," "Mock at your Sins," Proverbia 14, yet now that you see that God's hand hath reached you, and brought you to public Justice, I hope your present unhappy circumstances hath made you seriously reflect upon your past actions and course of life; and that you are now sensible of the greatness of your sins, and that you find the burden of them is intolerable.

And that therefore being thus "laboratis et onerati estis," "laboring, and heavy laden with sin," Matthaeum 11, you will esteem that as the most valuable knowledge, that can show you how you can be reconciled to that Supreme God, that you have so highly offended; and that can reveal to you Him who is not only the powerful "advocatum habemus apud Patrem," "Advocate with the Father for you," I Ioannis 2, but also who hath paid that debt that is due for your sins by his own death upon the cross for you, and thereby made full satisfaction to the Justice of God. And this is to be found no where but in God's Word, which discovers to us that "agnus Dei, qui tollit peccatum mundi," "Lamb of God which taketh away the Sins of the World," Ioannem 1, which is Christ the Son of God: For this know, and be assured, that "nec enim nomen aliud est sub caelo datum hominibus, in quo oportet nos salvos fieri," "there is none other Name under Heaven given among Men, whereby we must be saved," Actus 4, but only by the Name of the Lord Jesus.

But then consider how he invites all sinners to come unto him, and, "ego reficiam vos," "that he will give them rest," Matthaeum 11, for he assures us "quaerere et salvum facere quod perierat," "that he came to seek and to save that which was lost," Lucam 19, Matthaeum 18, and hath promised "et eum qui venit ad me, non eiciam foras," "that he that cometh unto him, he will in no wise cast out," Ioannem 6.

So that if now you will sincerely turn to him, tho late, even at the "undecimam horam," "eleventh hour," Matthaeum 20, he will receive you.

But surely I need not tell you that the terms of his mercy is faith and repentance.

And do not mistake the nature of repentance to be only a bare sorrow for your sins, arising from the consideration of the evil and punishment they have now brought upon you; but your sorrow must arise from the consideration of your having offended a gracious and merciful God.

But I shall not pretend to give you any particular directions as to the nature of repentance: I consider that I speak to a person, whose offenses have proceeded not so much from her not knowing, as her slighting, neglecting and abandoning her duty: Neither is it proper for me to give advice out of the way of my own profession.

You may have that better delivered to you by those who have made divinity their particular study; and who by their knowledge, as well as their office, as being the "pro Christo ergo legationem," "Ambassadors of Christ," II Corinthios 5, are best qualified to give you instructions therein.

I only heartily wish that what, in compassion to your soul, I have said to you upon this sad and solemn occasion, by exhorting you in general to faith and repentance, may have that due effect upon you, that thereby you may become a true penitent.

And therefore having now discharged my duty to you as a Christian, by giving you the best counsel I can with respect to the salvation of your soul, I must now do my office as a judge.

The sentence that the law hath appointed to pass upon you for your offenses, which the jury hath unanimously voted to recommend, and which this Court doth therefore award, is,

That you, the said Gothel, shall go from hence to the place from whence you came, and from thence to the place of execution, where you shall be burnt with fire until you be dead.

And the Lord have mercy upon thy soul. Mr. Amtmann, remove the prisoner. [_bangs his gavel_] Court is in recess.


	18. Act III, Scenes 2-3

SCENE 2. _The throne room._

KING LUDWIG _sits on the throne._

_Ballard_: Under the law of Hesse, all death sentences were automatically appealed.

_Roland_: But three months later, the Hesse Court of Appeal upheld the conviction and sentence.

_Glenna_: Dame Gothel's only hope now lay with royal clemency.

_Ballard_: King Ludwig did issue a stay of execution, which left Dame Gothel with some reason to believe he might be merciful.

_Enter _attendant.

_Attendant_: Jürgen Wirtner is here to see your majesty with a petition.

_King Lud.:_Show him in.

_Exit _attendant. _Enter _WIRTNER _with a petition._

_Wirtner_: [_reading_] "To His Majesty the King.

The humble petition of Dame Gothel

Most respectfully showeth,

That your Majesty's unfortunate petitioner was convicted at the 3rd sessions of the 1st Judicial District Landgericht on November 24, 1335, of the crimes of witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm, and received sentence of death accordingly: yet, she hopes, from your Majesty's humanity, as there are several circumstances in her favor, to partake of that royal clemency, which delights in bringing blessings to the afflicted.

As it appeared upon her trial that the evidence was contradictory, your petitioner humbly hopes to obtain that indulgent consideration, which she has no doubt but your Majesty's humane disposition will deem her unhappy case deserving of, that, through the benevolence of your Majesty, she may live to become an example to others, and a grateful monument of royal clemency.

And your majesty's humble petitioner,

As in duty bound will ever pray."

_King Lud._: [_angrily_] Give me that! [_grabs the petition and rips it to shreds, then hands the shreds back to _WIRTNER] Take this back to Dame Gothel and tell her that's what I think – [_regaining his composure_] that is what we think of her humble petition.

SCENE 3. _The throne room._

KING LUDWIG _sits on the throne._

_Ballard_: So Dame Gothel's last hopes that her life would be spared were dashed. However there was still the possibility that her sentence might be commuted from burning to something less agonizing.

_Roland_: Thus it was that the next day, Wirtner bravely sought another audience with the king.

_Enter _WIRTNER _with a petition._

_Wirtner_: [reading] "To the King's most Excellent Majesty

The Humble Petition of Dame Gothel

Humbly Sheweth

That your Petitioner lieth under a Sentence of Death for witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm; and is sentenced to be burnt on Thursday next.

That she is the Daughter of Herr Wendelin of Gleimenhain, descended of an ancient and honorable Family and related to several of the best Families of the Nobility of this Kingdom.

Wherefore your Petitioner humbly begs your Majesty, that Execution may be altered from Burning to Beheading, and may be respited for four Days:

And your Petitioner shall pray for and am your Majesty's most Obedient Humble Servant at Command."

_King Lud_.: Mr. Wirtner, we are sorry for our outburst yesterday. However, we reject this petition as well for the following reasons. First and foremost, there is the fact that her offense was committed against the Crown Prince. We say this, not because His Royal Highness is the heir apparent, but because he is my only son, whom I dearly love. If Dame Gothel's offense had been against our own royal person, we would probably show clemency, especially given what you said in the petition about how she is of noble birth, and also because of her age. But she shouldn't have blinded my only son. I take my children's safety very seriously. No one harms them and expects to live. She cannot reason with me. She cannot bribe, she cannot beg. She harmed my son and now she is going to pay the price, and no power on earth will make us show clemency. Secondly, she has shown no remorse. On account of all of these things, we are determined she shall burn in this world as surely as she shall burn in the next.


	19. Act III, Scenes 4-5

SCENE 4. _Marburger Schloss_. _The death watch cell_.

DAME GOTHEL _sits in the cell. Chains run from the heavy iron collar around her neck to the iron belt around her waist to the handcuffs on her wrists and the shackles on her ankles. Another chain secures her to the floor._

_Ballard_: So Dame Gothel's fate was sealed, and she was moved to the death watch cell.

_Roland: _At last, the day of her execution arrived.

_Glenna_: For her last meal, she requested three fried chicken breasts, a fresh lettuce and cucumber salad with light vinegar salad dressing on the side, and a large pitcher of ice water.

_Enter_ jailer _and _prison chaplain.

_Chap_.: This is the moment, madam, to arm yourself with courage.

_DG_: Courage? The moment when my troubles are going to end is not the moment when my courage is going to fail me.

_Chap_.: I must impress upon you the heinousness of your sin, and the necessity lying on you of repentance. And one particular part of that must be acknowledging the justice you have met with.

_DG_: May I have some more water?

_Exit _chaplain. _Re-enter _chaplain, _with a glass of water. He holds it to _DAME GOTHEL'S _lips for her to drink._

_Chap_.: Well? Do you acknowledge the justice you have met with?

_DG_: The court was too severe with me! Damn all its members! I wish the same justice might overtake all of them, as has come to me! I am a poor witch, and so burnt.

_Chap_.: Please, try to die in charity with all the world.

_DG_: What is that to you? I suffer the law, and shall give no account but to God.

_Chap_.: Do you desire the prayers of any of the people?

_DG_: I have as many prayers already, as I intend or desire to have.

_Enter_ VON LINDENBERG.

_Von L._: Your time has come!

_DG_: Be ye ready, I am ready.

SCENE 5. _Marburg. The Marketplace._

KING LUDWIG, QUEEN MARGARET, DEREK, AGNES, THEO, HANNAH, RAPUNZEL, RUBY, _and the_ Chief Servant _sit on a canopied platform. The _executioner _and his _assistants _stand in front of the stake. A line of _soldiers _ring the Marketplace, behind which stands a crowd of _townspeople.

_Ballard_: And so Dame Gothel began her final journey. Eight hundred foot and lance lined the route from the castle to the Marketplace.

_Roland_: Huge crowds turned out into the streets to see her brought to execution. Many of them were her former neighbors who came all the way from Neustadt to jeer and throw food at her, now that needed no longer fear the witch they had so long lived in terror of. The crowds were so dense it took an hour to travel the one hundred and thirty eight rods from the castle to the Marketplace.

_Townspeople_: [_offstage_] Burn the witch! Burn in hell, Gothel!

BALLARD, ROLAND _and _GLENNA _walk up onto the platform to join the rest._ GLENNA _sits while _BALLARD _and _ROLAND _stand behind _DEREK.

_Theo_: Hannah, I think our dark days truly are over now.

_King Lud._: Usually, signing a death warrant is one of my most agonizing duties as king, but Dame Gothel made it very easy.

_Rap_.: Oh, Derek, now we can see each other openly, without you having to climb my hair into the tower.

_Derek_: And you don't have to sew anymore ladders.

_Hannah_: Look! Here she comes!

_Enter _VON LINDENBERG, _mounted, followed by a square of mounted _knights _surrounding a cart containing the _jailer, _the _doctor, _the _chaplain, _and _DAME GOTHEL, _her dress stained with thrown food and her head covered, between two _guards. _The _jailer, doctor, chaplain, DAME GOTHEL _and the _guards _step off the cart. The _knights _part to let them pass. The _guards _hand _DAME GOTHEL _over to the _executioner's assistants, _who lead her up to the stake and chain her to it. _VON LINDENBERG _dismounts and removes the death warrant from his saddlebag. Exit_ knights, _followed by _guards _leading _VON LINDENBERG'S _horse. The _executioner _walks up to _DAME GOTHEL _and kneels at her feet._

_Exec_.: I ask your forgiveness.

_DG_: Forgive thee? A pox on thee!

_The _executioner _descends from the stake._

_Chap_.: Pax huic dómui.

_Von L., Jailer, Doctor_: Et omnibus habitántibus in ea.

_The _chaplain _lays the corporal on a table before the stake, places the Blessed Sacrament on it, walks up to the stake to give the crucifix to _DAME GOTHEL _to kiss, and sprinkles the Marketplace with Holy Water._

_Chap_.: Aspérges me, Dómine, hyssópo, et mundábor; lavábis me, et super nivem dealbábor. Miserére mei, Deus: secúndum magnam misericordiam tuam. Glora Patri, et Filii, et Spiritui Sancti. Aspérges me, Dómine, hyssópo, et mundábor; lavábis me, et super nivem dealbábor. Adjútorium nostrum in nómine Dómini.

DG: Qui fecit caelum et terram.

_Chap_.: Dómine, exáudi oratiónem meam.

_DG_: Et clamor meus ad te véniat.

Chap.: Dóminus vobiscum.

DG: Et cum spiritu tuo.

_Chap._: Orémus. Exáudi nos, Dómine sancte, Paer omnípotens, aeterne Deus: et mittere dignéris sanctum Angelum tuum de caelis, qui custódiat, fóveat, prótegat, visitet atque deféndat omnes habitántes in hoc habitáculo. Per Christum Dominum nostrum.

_DG_: Amen.

_The _chaplain _ascends the stake and goes closer to _DAME GOTHEL.

_DG_: Bless me, Father, for I have sinned.

_They talk in hushed tones as she makes her confession_.

_DG_: For these and all the sins of my past life, I ask pardon of God, penance, and absolution from you, Father.

_They continue to talk in hushed tones._

_DG_: Deus meus, ex toto corde poenitet me omnium meorum peccatorum, eaque detestor, quia peccando, non solum poenas a Te iuste statutas promeritus sum, sed praesertim quia offendi Te, summum bonum, ac dignum qui super omnia diligaris. Ideo firmiter propono, adiuvante gratia Tua, de cetero me non peccaturum peccandique occasiones proximas fugiturum. Amen.

_Chap_.:Dominus noster Jesus Christus te absolvat; et ego auctoritate ipsius te absolvo ab omni vinculo excommunicationis et interdicti in quantum possum et tu indiges. [_making the Sign of the Cross_] Deinde, ego te absolvo a peccatis tuis in nomine Patris, et Filii, et Spiritus Sancti. Amen. Passio Domini nostri Jesu Christi, merita Beatae Mariae Virginis et omnium sanctorum, quidquid boni feceris vel mail sustinueris sint tibi in remissionem peccatorum, augmentum gratiae et praemium vitae aeternae. Go in peace.

_DG_: Thank you, Father. [_prays in hushed tones_]

_Chap_., _DG_:[_together_] Confíteor Deo omnipoténti, beátæ Maríæ semper Vírgini, beáto Michaéli Archángelo, beáto Joanni Baptístæ, sanctis Apóstolis Petro et Paulo, ómnibus Sanctis, et tibi, Pater: quia peccávi nimis cogitatióne, verbo et ópere: mea culpa [chaplain _strikes his breast_], mea culpa [chaplain _strikes his breast_], mea máxima culpa [chaplain _strikes his breast_]. Ideo precor beátam Maríam semper Vírginem, beátum Michaélem Archángelum, beátum Joánnem Baptístam, sanctos Apóstolos Petrum et Paulum, omnes Sanctos, et te, Pater, oráre pro me ad Dóminum Deum nostrum.

_Chap._:Misereátur vestri omnípotens Deus, et dimíssis peccátis vestris, perdúcat te ad vitam ætérnam.

_Chap., DG_:[_together_]Dómine, non sum dignus, ut intres sub tectum meum: sed tantum dic verbo, et sanábitur ánima mea.

_The _chaplain _places a white linen cloth over _DAME GOTHEL'S _breast_. _He goes over to the corporal and places his hand over it._

_Chap_.: Accipe, soror, Viáticum Córporis Dómini nostri Jesu Christi, qui te custódiat ab hoste maligno, et perdúcat in vitam aetérnam. Amen. Hoc est enim Corpus Meum. [_placing his hand over chalice_] Hic est enim Calix Sanguinis mei, novi et aeterni testamenti: mysterium fidei: qui pro vobis et pro multis effundetur in remissionem peccatorum. [_taking the host and chalice to _DAME GOTHEL, _who casts her eyes down, tilts her head back 20 degrees, opens her mouth, sticks her tongue out and closes her eyes_. _He makes a small Sign of the Cross in the air with the host and places it on her tongue_] Accipe, soror, Viáticum Córporis Dómini nostri Jesu Christi, qui te custódiat ab hoste maligno, et perdúcat in vitam aetérnam. Amen. [_steps down from stake_]

_DG_: Anima Christi, sanctifica me. Corpus Christi, salva me. Sanguis Christi, inebria me. Aqua lateris Christi, lava me. Passio Christi, conforta me. O bone Iesu, exaudi me. Intra tua vulnera absconde me. Ne permittas me separari a te. Ab hoste maligno defende me. In hora mortis meae voca me. Et iube me venire ad te, Ut cum Sanctis tuis laudem te in saecula saeculorum. Amen.

_Chap_.: Dómine sancte, Pater omnipotens, aetérne Deus, te fidéliter deprecámur, ut accipiénti soróri nostrae sacrosanctum Corpus Dómini nostri Jesu Christi Fillii tui, tam córpori quam animae prost ad remédium sempitérnum: Qui tecum vivit et regnat. Amen. Adjútorium nostrum in nómine Dómini

_DG_:Qui fecit caelum et terram.

_Chap_.:Dómine, exáudi oratiónem meam.

_DG_:Et clamor meus ad te véniat.

_Chap._:Dóminus vobiscum.

_DG_:Et cum spiritu tuo.

_Chap._:Orémus. Intróeat, Dómine Jesu Christe, donum hanc sub nostrae humilitátis ingréssu, aetérna felicitas, divina prospéritas, serena laetitia, cáritas fructuósa, sanitas sempiterna effúgiat ex hoc loco accessus daemonum: adsint Angeli pacis, domumque hanc déserat omnis maligna discórdia. Magnifica, Dómine, super nos nomen sanctum tuum; et bénedic [_makes Sign of Cross_] nostrae conversatióni sanctifica nostrae humilitátis ingréssum, qui sanctus et qui pius es, et pérmanes cum Patre et Spiritu Sancto in saécula saeculórum.

_DG_: Amen.

_Chap_.:Orémus et deprecémur Dóminum nostrum Jesum Christum, ut benedicéndo benedicat [_makes Sign of Cross_] hoc tabernáculum et omnes habitántes in eo, et det eis Angelum bonum custódem, et fáciat eos sibi servire ad considerándum mirabilia de lege sua: avértat ab eis omnes contrárias potestates: eripiat eos ab amni formidine et ab omni perturbatióne, ac sanos in hoc tabernáculo custodire dignétur. Qui cum Patre et Spiritu Sancto vivit et regnat Deus in saécula saeculórum. Orémus. Exáudi nos, Dómine sancte, Pater omnipotens, aetérne Deus: et mittere dignéris sanctum Angelum tuum de caelis, qui custódiat, fóveat, prótegat, visitet atque deféndat omnes habitántes in hoc habitáculo. Per Christum Dóminum nostrum. Amen.

_DG_: Amen.

_Chap_.: Confíteor Deo omnipoténti, beátæ Maríæ semper Vírgini, beáto Michaéli Archángelo, beáto Joanni Baptístæ, sanctis Apóstolis Petro et Paulo, ómnibus Sanctis, et tibi, Pater: quia peccávi nimis cogitatióne, verbo et ópere: mea culpa [_strikes his breast_], mea culpa [_strikes his breast_], mea máxima culpa [_strikes his breast_]. Ideo precor beátam Maríam semper Vírginem, beátum Michaélem Archángelum, beátum Joánnem Baptístam, sanctos Apóstolos Petrum et Paulum, omnes Sanctos, et te, Pater, oráre pro me ad Dóminum Deum nostrum. Misereátur vestri omnípotens Deus, et dimíssis peccátis vestris, perdúcat te ad vitam ætérnam. [_to crowd_] Please pray for her. [_makes Sign of Cross_] In nómine Patris, et Fílii, et Spíritus Sancti, exstinguátur in te omnis virtus diáboli per impositiónem mánuum nostrárum, et per invocatiónem gloriósae et sanctae Dei Genitricis Virginis Mariea, ejusqye inclytu Sponsi Joseph, et ómnium sanctórum Angelelórum, Archangelórum, Patriarchárum, Prophetárum, Apostolorum, Mártyrum, Confessórum, Virginum, atque ómnium simul Sanctórum.

_DG_: Amen.

_Chap_.: Adjútorium nostrum in nómine Dómini.

_DG_: Qui fecit caelum et terram.

_Chap_.: Ne reminiscáris, Domine, delicta ancillae tuae, neque vindictam sumas de peccátis ejus. Kyrie, , eleison. Kyrie, Eleison. [_prays_ _silently_] Et ne nos inducas in tentationem.

_DG_: Sed libera nos a malo.

_Chap_.: Salvam fac ancillam tuam.

_DG_: Deus meus, sperántem in te.

_Chap_.: Dómine, exáudi oratiónem meam.

_DG_: Et clamor meus ad te véniat.

_Chap_.: Dóminus vobiscum.

_DG_: Et cum spiritu tuo.

_Chap._: Orémus. Clementissime Deus, Pater misericordiárum et Deus totius consolatiónis, qui néminem vis perire in te credéntem atque sperántem: secúndum multitúdinem miseratiónum tuárum réspice propitius fámulam tuam Gothel quam tibi vera fides et spes christiána commendant. Visita eam in salutári tuo, et per Unigeniti tui passiónem et mortem ómnium ei delictórum suórum remissiónem et véniam clementer indulge; ut ejus ánima in hora exitus sui te judicem propitiátum inveniat et, in sánguine ejusdem Fílii tui ab omni mácula ablúta, transire ad vitam mereatur perpetuam. Per eúmdem Christum Dóminum nostrum.

_DG_: Amen.

_DG, Von L._: [_together_] Confíteor Deo omnipoténti, beátæ Maríæ semper Vírgini, beáto Michaéli Archángelo, beáto Joanni Baptístæ, sanctis Apóstolis Petro et Paulo, ómnibus Sanctis, et tibi, Pater: quia peccávi nimis cogitatióne, verbo et ópere: mea culpa [VON LINDENBERG _strikes his breast_], mea culpa [VON LINDENBERG _strikes his breast_], mea máxima culpa [VON LINDENBERG _strikes his breast_]. Ideo precor beátam Maríam semper Vírginem, beátum Michaélem Archángelum, beátum Joánnem Baptístam, sanctos Apóstolos Petrum et Paulum, omnes Sanctos, et te, Pater, oráre pro me ad Dóminum Deum nostrum.

_Chap._: Misereátur vestri omnípotens Deus, et dimíssis peccátis vestris, perdúcat te ad vitam ætérnam. Indulgéntiam, absolutiónem, et remissiónem peccatórum nostrórum tríbuat nobis omnípotens et miséricors Dóminus.

_DG, Von L._: [_together_] Amen.

_Chap_.:Dóminus noster Jesus Christus, Fílius Dei vivi, qui beáto Petro Apóstolo suo dedit potestátem ligándi atque solvéndi, per suam piissimam misericórdiam recipiat confessionem tuam et restituat tibi stolam primam, quam in Baptísmate recepísti: et ego facultáte mihi ab Apostólica Sede tribúta, indulgentiam plenáriam et remissionem omnium peccatorum tibi concédo. In nomine Patris [_makes Sign of Cross_] et Fílii, et Spiritus Sancti.

_DG_: Amen.

_Chap_.: Per sacrosáncta humánae reparatiónis mystéria remittat tibi omnipotens Deus omnes praeséntis et futúrae vitae paenas, Paradísi portas apériat, et ad gáudia sempitérna perdúcat.

_DG_: Amen.

_Chap_.: Benedicat te omnipotens Deus, Pater [_makes Sign of Cross_] et Fílius, et Spíritus Sanctus.

_DG_: Amen.

_Chap_.:Ego facultate mihi ab Apostolic Sede tributa, indulgentiam plenariam et remissionem omnium peccatorum tibi concedo et benedico te. In nomine Patris, et Filii, [_makes Sign of Cross_] et Spirtus Sancti. Amen.

_Von L_.:[_reading death warrant_] "Ludwig the Second, by the Grace of God, of Hesse, Nassau and Franconia, king, and so forth, to the Amtmann of the District of Marburg, greeting. Where as Dame Gothel, single woman, of Neustadt, of the Distict of Marburg, hath been indicted of witchcraft, abduction of a minor, unlawful imprisonment, causing bodily harm, threatening the commission of a felony, endangering the welfare of a child, high treason, and causing grievous bodily harm by her done and committed, and the said Dame Gothel hath been thereupon arraigned at a court of oyer and terminer held by adjournment for our First Judicial District at Marburg in the said District of Marburg, and upon such arraignment hath pleaded Not Guilty and for her trial put herself on God and her country: and the said Dame Gothel hath been found and brought in Guilty by the Jury that passed on her according to her indictment; and whereas sentence of death hath then been passed upon her, execution whereof yet remains to be done: we require, and by these presents strictly command you, that upon Thursday the twenty-fourth day of May instant, between the hours of nine in the forenoon and one in the afternoon the same day, you safely conduct her the said Dame Gothel from our goal in Marburg aforesaid to the place of execution and there cause her to burnt with fire until she be dead. And this you are by no means to omit at your peril and this shall be your sufficient Warrant. Witness ourself at Marburg the twenty-first day of May, in the twenty-second year of our reign." [_Walks up to stake and shows death warrant __to _DAME GOTHEL] Behold His Majesty's signature and seal.

_DG_: I see it

_Von L._:Dame Gothel, do you wish to make a final statement?

_DG_: I'm sorry, Rapunzel. I love you.

RAPUNZEL _weeps into her hand_. VON LINDENBERG _stpes down from the stake._

_Von L._:[_to _executioner] We are ready. [_nods_] You may proceed.

_The _executioner's assistants _pile more faggots and straw around the stake. The _executioner _lights his torch from a brazier, then bends down and lights the faggots. Blackout. _DAME GOTHEL _screams several times. The lights come back on. There is a pile of ashes and charred chains at the bottom of the stake where _DAME GOTHEL _had been standing. The _doctor _walks up to examine the ashes._

_Von L._: Doctor, examine the patient.

_Doctor_.: Dame Gothel is dead.

BALLARD, ROLAND _and _GLENNA _walk to the front of the stage._

_Ballard_: Dame Gothel's ashes were thrown into the Lahn river.

_Roland_: Her property was confiscated, with her house being given awarded by the Crown to the Chief Servant, who dismissed the other two servants.

_Glenna_: The judge and jurors held a banquet afterwards.

_Ballard_: And of course, Derek and Rapunzel resumed their courtship, but that is a story for another time.

THE END.


End file.
